M.Y.EQBAL, J. - (1.) HEARD the counsel for the parties.
(2.) IN this writ application the petitioner has prayed for quashing the order as contained in memo No. 1617 dated 2.7.2007 issued under the signature of Deputy Secretary. Water Resources Department, Jharkhand, Ranchi by which the petitioner has been put under suspension. Mr. A.K. Sinha, learned Senior Counsel appearing or behalf of the petitioner - assailed the impugned order mainly on the ground that the order of suspension has been issued by the incompetent person and in clear violation of rule 49 (A) of Civil Services (classification Control and Appeal ) Rules, 1930. Learned Counsel submitted that the respondent -authority cannot. suspend the petitioner who is holding the post of Executive Engineer without taking prior approval from the Cabinet or the Chief Minister who is competent authority.
(3.) RESPONDENTS ' case, in the counter affidavit, is that the petitioner was suspended as Assistant Engineer , Water Resources Department of Erstwhile State of Bihar and was posted as s op gap arrangement to discharge day to day duty of Executive Engineer on current charge as Executive Engineer. After bifurcation of the State the services of the petitioner was placed under the State of Jharkhand as Assistant Engineer. The respondents, therefore, contend that for passing order of suspension approval of Cabinet or the Chief Minister is not required.;