J.K. Maheshwari, J.

1. By filing this petition under Article 226 of the Constitution of India, Petitioner has assailed the validity of the order passed by the Respondent No. 3, Shri R.M. Pandey, City Engineer, in-charge Commissioner Municipal Corporation, Ratlam dated 22-4-2006 Annexure-P/1, by which he is placed under suspension.

2. It is the case of Petitioner that as per order Annexure-P/2 dated 16-5-2000 passed by the Respondent No. 2, he was promoted as Revenue Officer in the scale of 5500-9000/- , however, the appointing authority of Petitioner is the Commissioner Municipal Corporation, Ratlam. The Commissioner was required to appear in a Court case at Sagar, however, his general charge was delivered to Respondent No. 3 vide note-sheet dated 20-4-2006 filed as Annexure-R/6. This note-sheet of delivery of charge is signed by the Commissioner itself and approved by Respondent No. 4. (Mayor)

3. It is said by Learned Counsel appearing for Petitioner that in the matter of his suspension power can be exercised by the Mayor-in-Council or the Commissioner as the case may be; as per Sections 55, 57 and 58 of Municipal Corporation Act, 1956 (hereinafter it shall be called as 'Corpora