SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2011 Supreme(MP) 513

SUJOY PAUL
Ramhet Tyagi – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
Brijesh Sharma for petitioner;
Vishal Mishra Government Advocate for respondents.

ORDER

1. Shri Brijesh Sharma, learned counsel for the petitioner submits that the order dated 23.6.211, whereby the petitioner, Assistant Grade 2, is placed under suspension is bad in law. The singular contention of the petitioner is that admittedly the Collector of the district is delegated with the power under rule 9 of Madhya Pradesh Civil Services (Classification, Control and Appeal Rules, 1966 (hereinafter called "Rules of 1966") to place class 3 employees under suspension. However, his contention is that Annexure P-l dated 23.6.2011 is not an order issued and passed by the Collector but it is an order issue by District Education Officer. Shri Sharma submits that admittedly the District Education Officer is not competent to place the petitioner under suspension. Further contention of learned counsel for the petitioner is that merely writing -- "ordered by Collector" in Annexure P-l will not make it an order issued and passed by the Collector.

2. Elaborating further learned counsel for the petitioner submits that under rule 9 of the Rules of 1966, which reads as under:

"9(1) The appointing authority or any authority to which it is subordinate or the disciplinary authority or any






















































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top