- (1.)THIS Rule is directed against the order of suspension issued by the Executive Officer, Midnapore Zilla Parishad on 29. 5. 79 placing the petitioner pramatha Nath Das, a Sub-Divisional Officer under Midnapore Zilla Parishad under suspension from services of the Parishad with effect from the date of receipt of this order unless otherwise directed. It has also been stated in the order that the petitioner will get his pay, allowances etc. during the period of his suspension so far the existing rules will provide.
(2.)THIS order has been challenged mainly on the ground that the petitioner being on employee under the Zilla Parishad drawing a salary of more than Rs. 300/- per month and he being appointed by the Zilla parishad, executive officer of the zilla Parishad, respondent no. 1, is not competent to make the impugned order as it is in the nature of a punishment which the respondent no. 1 cannot inflict upon an officer drawing a monthly salary of more than Rs. 300/ -. It has, therefore, been submitted that the impugned order is patently without jurisdiction and as such it is liable to be quashed and set aside.
(3.)A Rule and an interim order was issued. The interim order was to be the following effect: the petitioner will not attend office for a period of two weeks with liberty to apply for extension of the same on the same application upon notice along with copies of the writ petition on the respondents. The petitioner will be entitled to a salary during the period of 14 days and he is not required to handover charge of his office as such, but the respondents may make arrangements for carrying out the functions the petitioner was now doing so that the public works might not suffer.