JUDGMENT (Oral)

Paul, J. -- 1. This intra Court appeal takes exception to the interlocutory order of the learned Single Judge dated 19.4.2022 passed in W.P. No.26621/2021 whereby the effect and operation of order of suspension dated 13.8.2021 and the appellate order rejecting the appeal dated 12.11.2021 (Annexure P/13) are stayed by the learned Single Judge.

2. At the outset, learned Deputy Advocate General placed reliance on a Division Bench judgment of this Court reported in 2011 (2) MPLJ 206 [State of M.P. v. Ashok Sharma (Dr.)] to contend that against the interim order staying the suspension order, a writ appeal is indeed maintainable.

3. Shri Amit Seth, learned Deputy Advocate General for the appellants/State submits that under Rule 9(1)(a) of M.P. Civil Services (Classification, Control and Appeal) Rules 1966 (in short, ‘CCA Rules’), an employee can be placed under suspension by the competent authority, if inquiry, investigation or trial is pending against him.

4. Indisputably, in the instant case, the suspension order is passed by a Competent Authority and one of the ingredient on which an employee can be placed under suspension is certainly satisfied.

5. Criticizing the orde