GANPAT DHARWAL Vs. STATE OF MADHYA PRADESH
HIGH COURT OF MADHYA PRADESH
STATE OF MADHYA PRADESH
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SUJOY PAUL,J. -
(1.) The challenge in this petition filed under Article 226 of Constitution is mounted on order dated 9/3/2020 (Annexure P/1) whereby CEO, Janpad Panchayat, Jobat has placed the petitioner, an Accounts Officer under suspension.
(2.) Learned counsel for petitioner assailed this order by raising twin grounds; (i) the Madhya Pradesh Civil Services (Conduct) Rules, 1965 and Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 are not applicable to the employees of Janpad Panchayat and hence order of suspension based on these provisions needs to be axed; (ii) the suspension order is passed under dictate of Collector, Alirajpur which is evident from the conjoint reading of his order dated 9/3/2020 (Annexure P/1) and impugned order of same date. It is submitted that impugned order is passed in a routine manner without application of mind. Hence, said order may be set aside.
(3.) The prayer is opposed by learned G.A. He submits that merely because wrong provision namely M.P.Civil Services (Conduct) Rules, 1965 is quoted will not make the order illegal because CEO, Janpad Panchayat under the relevant rules is otherwise also a competent authority. Secondly, a careful reading of order dated 9/3/2020 (Annexure P/1) shows that it is not mechanically passed solely based on directions of Collector. Other complaints received from general public and public representatives were also taken into account. Petitioner has a remedy of preferring appeal. The order is not without jurisdiction. Hence, petition may be dismissed.;
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