1. This petition is directed against the order dated 15.10.2008 (Annexure P-I) by which the Additional Commissioner, Gwalior Division, Gwalior refused to grant stay against an order dated 6.10.2008 (Annexure P-2) by which the Collector, Ashok Nagar placed the petitioner under suspension, with a further direction that the petitioner shall be entitled for subsistence allowance and his headquarter shall be at the office of Janpad Panchayat, Chanderi.

2. The learned counsel for the petitioner submitted that the Collector Ashok Nagar by the impugned order has not only suspended the petitioner but also directed that the petitioner shall be entitled for subsistence allowance, meaning thereby the petitioner, who was also a Panchayat Karmi, was suspended even from the post of Panchayat Karmi. The Collector, who was an appointing authority under section 69(I) of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 was not empowered to suspend the petitioner from the post of Panchayat Karmi. The provision of M.P. Panchayat Service (Discipline and Appeal) Rules, 1999 though provides a provision of suspension under rule 4, but it has not empowered the Collector to suspend the petition