RAMSEVAK HALWAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner by the instant petition filed under Article 226 of the Constitution of India is questioning the legality, validity and propriety of order dtd. 4/1/2022 (Annexure P/1) whereby the petitioner has been placed under suspension attributing certain allegations and irregularities committed by him causing loss to the Government and as such, his conduct comes under misconduct and, therefore, exercising power provided under Rule 36(1) of Madhya Pradesh State Municipal Service (Executive) Rules, 1973, (For short, 'Rules of 1973') placed him under suspension by the respondent no.2. The challenge is founded mainly on the ground that the order of suspension has been passed by the authorities, not competent to do so.

(2.) Shri Praveen Dubey, learned counsel for the petitioner has submitted that Rule 36 of Rules of 1973 under which the petitioner has been placed under suspension is not applicable for the petitioner because the said rule is applicable for the persons who are the member of M.P. State Urban Administrative Services. He has submitted that Rule 36 is very specific, which reads as under:-

(3.) He has further drawn attention on the definition provided under sub- rule (f) of Rule 2, which reads as under:-