The main legal point established in the judgment is that the authority to issue suspension and charge-sheet to a Class-I employee is governed by the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966, and the appointing authority or the authority specified in the Schedule is competent to impose major penalties.

Prakash Shrivastava, J.

1. The petitioner being aggrieved with the order of suspension dated 6-6-2012 and the charge-sheet dated 7-7-2012 has approached this Court. In brief, the case of petitioner is that she was initially appointed as Medical Officer on Class-II post and has been granted senior grade w.e.f. 1-1-1999 and the selection grade pay scale of ` 12,000-16500/- w.e.f. 1-1-2005 therefore, she has become class-I officer. She has been placed under suspension by order dated 6-6-2012 by the Collector. The order of suspension has been approved by the impugned order dated 7-7-2012 by the Commissioner. She has been issued the charge-sheet dated 7-7-2012 by the Commissioner. Petitioner has questioned the authority of Collector and Commissioner to pass the impugned orders of suspension and issuing charge-sheet.

2. A reply has been filed by the respondents taking the stand that the petitioner has been placed under suspension in terms of the applicable service Rules and the Commissioner is competent to issue the charge-sheet to the petitioner.

3. Learned counsel for petitioner submits that the Commissioner was not empowered to issue the charge-sheet to the petitioner who is a class-I employee since the Disciplinary Authority for Class-I employee is the State Government which alone could have issued the charge-sheet. He further submits that the Collector was not competent to place the petitioner under suspension and the subsequent approval of the order of suspension by the Commissioner will not validate the Collector's order.

4. As against this, Counsel for State has supported the order of suspension and issuance of charge-sheet on the ground that the petitioner has been suspended and charge-sheet has been issued by the competent authority in accordance with Rules.

5. Having heard the learned counsel for the parties and on perusal of the record, it is found that the respondents have not disputed the fact that the petitioner is working on Class-I post. In terms of the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 (for short Rules) and Schedule appended thereto for Class-I post in the Public Health Department, the State Government is the appointing authority as also the authority competent to impose the penalties.

6. In the present case, charge-sheet has been issued by the Commissioner and not by the State Government, therefore, it is to be examined if the Commissioner was competent to issue the charge-sheet.

7. Major and minor penalties have been specified in Rule 10. Rule 12 of the Rules, provides for disciplinary authorities competent to impose penalty under Rule 10. Relevant part of Rule 12 reads as under :

"12. Disciplinary authorities.--(1) The Government may impose any of the penalties specified in Rule 10 on any Government servant.

(2) Without prejudice to the provisions of sub-rule (1), but subject to the provisions of sub-rule (3), any of the penalties specified in Rule 10 may be imposed on--

(a) a member of State Civil Service by the appointing authority or the authority specified in the Schedule in this behalf or by any other authority empowered in this behalf by a general or special order of the Governor.

(b) a person appointed to a State Civil post by the authority specified in this behalf by a general or special order of the Governor. Or {x x x} by the appointing authority or the authority specified in the Schedule in this behalf.

(3) Notwithstanding anything contained in this rule :-

(a) no penalty specified in clauses (v) to (ix) of Rule 10 shall be imposed by any authority subordinate to the appointing authority :

(Provided that the High Court shall have the power to impose all the penalties except penalties as specified in clause (vi) so far as it relates to reduction in rank i.e. post of service) and clauses (vii) to (ix) of Rule 10):"

8. In terms of the Rule 12(2) any penalty, either minor or major, can be imposed by the appointing authority or the authorities specified in Schedule or any other