ORDER

With the consent of the parties heard finally.

Initially, the petitioner has filed the present petition being aggrieved note sheet dated 16.3.2021 (Annexure P/1) written by Minister, Panchayat and Rural Development Department directing high-level enquiry against the petitioner by placing him under suspension. After filing of this petition, vide order dated 27.03.2021, the petitioner has been placed under suspension, hence by way of amendment, the petitioner has also assailed the validity of the order of suspension.

The facts of the case in short are as under :-

1. At the time of filing of the petition, the petitioner was holding the substantial post of Superintending Engineer in Rural Engineering Service ( in short “R.E.S.”) Indore Division. That Lokayukta enquiry was pending against Sajjan Singh Chouhan, the then Executive Engineer, Rural Engineering Service. Vide order dated 23.10.2019, the petitioner was directed to conduct the spot inspection of 19 stop/Chek Dam and submit a pointwise reply before the Lokayukta.

2. One Chhaganlal Rathor R/o Pansemal, District Barwani has submitted a complaint against petitioner alleging incomplete work of construction of Stadium and hostel during his posting as Superintending Engineer of RES. On the basis of said complaint, vide impugned note sheet dated 16.3.2021, the Minister of Panchayat and Rural Development Department has directed Engineer-in- Chief to conduct a high-level enquiry and obtained a report on or before 22.3.2021 as petitioner is going to retire on 31.3.2021 and also directed to suspend the petitioner. In compliance of the aforesaid note sheet, vide letter dated 16.3.2021, the Engineer-in-Chief has directed Chief Engineer, R.E.S, Indore to submit a report on or before 19.3.2021 by placing the petitioner under suspension. The Chief Engineer, vide letter dated 19.3.2021 has directed Chhagan Lal Rathore to appear on 22.3.2021. Chief Engineer has conducted an enquiry in respect of allegations levelled against the petitioner and submitted a report dated 22.3.2021 in favour of the petitioner. The CE has opined that allegations of misappropriation of the fund by the petitioner in collusion with the contractor are false and ther are no irregularities in the construction of the stadium and hostel. Even it has also been held that there is no such person in the name of Chhagan Lal Ratore in Vill. Pansemal and recommended for the closing of the complaint. In apprehension of suspension, the petitioner has filed a present petition before this Court on 27.3.2021.

3. Vide order dated 27.3.2021, the Deputy Secretary has placed the petitioner under suspension under rule 9(1) (a) of the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 (in short “CCA Rules”) just three days before his retirement on 31.3.2021. Vide order dated 31.3.2021, the petitioner has been retired from services in the capacity of Superintending Engineer (suspended). By way of application for amendment, the petitioner has brought aforesaid two orders on record and prayed for quashment of the order of suspension.

4. The State Government has filed the short reply by submitting that the petitioner was posted as Superintending Engineer and he has committed financial irregularities in the construction of the stadium in the year 2016-2017 at Pansemal and Thikri District Barwani. He has also committed financial irregularities in the construction of the hostel at Pansemal District Barwani by revising D.P.R. with the hand in gloves of the contractor which has resulted in the increase of the total cost of the project. After receipt of the complaint, the petitioner was rightly suspended. The concerned Minister took cognizance of the complainant of local resident and enquiry was proposed with the condition that it should be completed before 22.3.2021 i.e. before his retirement. It is submitted the Minster of the Department is certainly empowered to recommend departmental enquiry in cases of alleged misconduct of Gov