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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK JAIN
Rajesh Raikwar – Appellant
Versus
State of M.P. – Respondent
| Table of Content |
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| 1. petitioner challenged suspension based on alleged misconduct. (Para 1) |
ORDER :
Vivek Jain, J.
By the present petition filed under Article 226 of the Constitution of India, the petitioner is calling in question the order of suspension Annexure-P/1 mentioning therein that the petitioner has misbehaved and used unparliamentary language against a lady member of Legislative Assembly (who is not being named in the present order) so also against the In-charge Minister of the District and Minister of Cooperatives.
2. It is contended that using/uttering such words against the respective people’s representative is alleged to be a misconduct in terms of Clause 47 of Service Regulations of the Bank and, therefore, the petitioner has been placed under suspension and his Head Quarters has been fixed at Principal Office of the Bank at Bhopal. The petitioner was posted as Chief Executive Officer of District Central Cooperative Bank, Sidhi, at the time of suspension.
3. The learned counsel for the petitioner has vehemently argued that the suspension of the petitioner is actuated by ulterior motive and only to satisfy the alter ego of MLAs of the district and nothing else. It is conten
The suspension of a public officer must not be influenced by political pressures, and proper authority must be established to validate such actions.
Point of law: seriousness and gravity of the misconduct contemplated to be enquired into and the material i.e., voice messages along with the complaint by the complainant Anil Proddaturu and recordin....
Suspension orders must reflect independent decision-making by statutory authorities and cannot be arbitrary or merely routine; otherwise, they may violate constitutional rights.
Suspension by election authority valid for dereliction despite additional duties; no prior hearing required under CCA Rule 31.
The employer's power to suspend an employee during disciplinary proceedings must be justified by material evidence, especially after significant delays.
Charge-sheets should not be quashed at the initial stage and suspension should not be made in a perfunctory or routine manner. The competent authority should examine the charge-sheets and take a deci....
suspension must be a step in aid to the ultimate result of the investigation or inquiry. The authority also should keep in mind public interest of the impact of the delinquent’s continuance in office....
The main legal point established in the judgment is that the appointing authority must exercise independent discretion when issuing a suspension order, as required by Regulation 4(1) of the Regulatio....
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