- (1.)Grievance of the petitioner in these two petitions is against the order of suspension. The petition W.P. No. 438/2015 has been filed against the order of suspension dated 05/01/2015 and W.P. No. 20006/2014 has been filed against the letter dated 24/11/2014. By the aforesaid letter, the Inspector General of Police, Special Police Establishment Lokayukta requested the Principal Secretary of the Department to place the petitioner under suspension. Both the petitions were tagged together and are being decided by this common order.
(2.)The petitioner was posted as Dy. Registrar Co-operative Societies, Bhopal. Complainant Smt. Mevabai and 8 other persons on 08/08/2007 submitted a complaint before the Lokayukta Organization under prescribed form to the effect that with the connivance of the officers of District Cooperative Agriculture Department Rural Bank, Bhopal and the petitioner, lands of 141 agriculturists who had taken loan from the bank were sold in auction without following procedure. There were number of illegalities committed in the auction proceedings. After preliminary inquiry a case vide crime no. 85/2010 was registered by the Lokayukta Organization against the petitioner and other employees of the cooperative bank. The Organization conducted a detailed inquiry and registered an offence punishable under Sections 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988, Sections 420, 467, 468, 471 and 120-B /34 of the IPC against the petitioner and other persons. The State Government accorded sanction to prosecute the petitioner for the aforesaid offences. Thereafter, charge-sheet was filed by the organization against the petitioner and other persons for commission of offences punishable under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 along with Sections 420, 467, 468, 471 and 120-B/34 of the IPC. When the petitioner was not placed under Suspension, the Inspector General of Police, Lokayukta Organization vide letter dated 24/11/2014 requested the disciplinary authority i.e. Principal Secretary Co- operative Society M.P. Bhopal to place the petitioner under suspension because the charge-sheet was filed against the petitioner on 14/11/2013 after getting permission form the government on 07/10/2013 in accordance with provision of M.P. Civil Services (Classification Control and Appeal) Rules, 1966 (herein after called as Rules of 1966).
(3.)The department vide order dated 05/1/2015 placed the petitioner under suspension in exercise of powers under Rule 9(1) of Rules of 1966. It is mentioned in the order that a charge sheet has been filed against the petitioner in regard to commission of offences punishable under the prevention of corruption act before the competent court of jurisdiction, hence, the petitioner is placed under suspension.