- (1.)The petitioner being aggrieved with the order of suspension dated 6-6-2012 and the charge-sheet dated 7-7-2012 has approached this Court. In brief, the case of petitioner is that she was initially appointed as Medical Officer on Class-II post and has been granted senior grade w.e.f. 1-1-1999 and the selection grade pay scale of Rs. 12,000-16500/- w.e.f. 1-1-2005 therefore, she has become class-I officer. She has been placed under suspension by order dated 6-6-2012 by the Collector. The order of suspension has been approved by the impugned order dated 7-7-2012 by the Commissioner. She has been issued the charge-sheet dated 7-7-2012 by the Commissioner. Petitioner has questioned the authority of Collector and Commissioner to pass the impugned orders of suspension and issuing charge-sheet.
(2.)A reply has been filed by the respondents taking the stand that the petitioner has been placed under suspension in terms of the applicable service Rules and the Commissioner is competent to issue the charge-sheet to the petitioner.
(3.)Learned counsel for petitioner submits that the Commissioner was not empowered to issue the charge-sheet to the petitioner who is a class-I employee since the Disciplinary Authority for Class-I employee is the State Government which alone could have issued the charge-sheet. He further submits that the Collector was not competent to place the petitioner under suspension and the subsequent approval of the order of suspension by the Commissioner will not validate the Collector's order.