Madhya Pradesh High Court
Vinod Kumar Shukla vs State Of M.P. And Ors. on 28 November, 2007
Equivalent citations: 2008(2)MPHT18
Author: Chief Justice
Bench: Chief Justice
ORDER A.K. Patnaik, C.J.
1. The appellant is a Sub-Engineer working in the RES Division at Satna in the State of Madhya Pradesh. By an order dated 3-10-2007 passed by the Divisional Commissioner, Rewa, the appellant has been placed under suspension in contemplation of disciplinary proceedings. Aggrieved, the appellant filed W.P. No. 14889/2007 (S) before this Court challenging the order of suspension and by an order dated 26-10-2007 the learned Single Judge while admitting the writ petition directed that the interim relief shall be considered after the respondents file the reply. Aggrieved by the order dated 26-10-2007 of the learned Single Judge in W.P. No. 14889/2007 (S), the appellant has filed this appeal.
2. Mr. Dilip Pandey, learned Counsel for the appellant submitted that the learned Single Judge should have stayed the order of suspension passed by the Divisional Commissioner, Rewa while admitting the writ petition because the order of suspension is without jurisdiction. He submitted that the State Government in the circular dated 15-2-1999 in Annexure A-2 has clarified that Divisional Commissioner has no power to place Class I and Class II officers under suspension.
3. Mr. Rahul Jain, learned Deputy Government Advocate, on the other hand, submitted that under Rule 9 (1) of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 (hereinafter called as 'the Rules'), the Appointing Authority or any authority to which it is subordinate or the Disciplinary Authority or any other authority empowered in that behalf by the Governor by general or special order, may place a Government servant under suspension where a disciplinary proceeding against him is contemplated or is pending. He submitted that under Sub-rule (2) of Rule 12, the Governor by a general or special order may specify an authority to be the Disciplinary Authority for the purposes of imposing penalties in Rule 10 of the Rules and in exercise such powers under Sub-rule (2), the State Government has issued an order published in the notification dated 13-8-1997 by which the Governor of Madhya Pradesh has empowered all Divisional Commissioners of the State to impose the penalties specified in Clauses (i) to (iv) of Rule 10 of the Rules on Class I and Class II officers (except the officers of the Judicial Services and the Police Department) of the State Government posted within their respective Divisions. He submitted that since the Divisional Commissioner is the Disciplinary Authority empowered to impose penalties specified in Clauses (i) to (iv) of Rule 10 of the Rules, as such Disciplinary Authority is also empowered under Rule 9 to place a Government servant under suspension where disciplinary proceeding against him is contemplated.
4. Rules 9 (1) and 12 of the Rules are quoted herein below:
9. (1) The Appointing Authority or any authority to which it is subordinate or the Disciplinary Authority or any other authority empowered in that behalf by the Governor by general or special order, may place a Government servant under suspension-
(a) where a disciplinary proceeding against him is contemplated or is pending, or
(b) where a case against him in respect of any criminal offence is under investigation, inquiry of trial:
Provided that a Government servant shall invariably be placed under suspension when a challan for a criminal offence involving corruption or other moral turpitude is filed against him:
Provided further that where the order of suspension is made by an authority lower than the Appointing Authority, such authority shall forthwith report to the Appointing Authority the circumstances in which the order was made.
12. Disciplinary Authorities.- (1) The Government may impose any of the penalties specified in Rule 10 on any Government servant.
(2) Without prejudice to the provisions of Sub-rule (1), but subject to the provisions of Sub-rule (3), any of the penalties specified in Rule 10 may be imposed on-
(a) a member of State Civil Service by the Appointing Authority or the authority specified in the Schedule in this behalf or by any other authority empowered in this behalf by a general or special order of the Governor;
(b) a person appointed to a State Civil post by the authority specified in this behalf by a general or special order of the Governor, or by the Appointing Authority or the authority specified in the Schedule in this behalf.
(3) Notwithstanding anything contained in this rule:
(a) no penalty specified in Clauses (v) to (ix) of Rule 10 shall be imposed by authority subordinate to the Appointing Authority:
Provided that the High Court shall have the power to impose all the penalties except penalties as specified in Clause (vi) (so far as it relates to reduction in rank, i.e., post of service), and Clauses (vii) to (ix) of Rule 10;
(b) where a Government servant who is a member of a service, is temporarily appointed to any other service or post, the authority competent to impose on such Government servant any of the penalties specified in Clauses (v) to (ix) of Rule 10 shall not impose any such penalties unless it has consulted such authority, not being an authority subordinate to it, as would have been competent under Sub-rule (2) to impose on the Government servant any of the said penalties had he not been appointed to such other service or post.
Explanation :- Where a Government servant belonging to a service or holding to a service or holding a State civil post of any class, is promoted, whether on probation or temporarily to the service or civil post of the next higher class, he shall be deemed for the purposes of this rule to belong to the service of, or hold the State civil post of such higher class.
5. The marginal title of Rule 12 is "Disciplinary Authorities" and Sub-rule (2) of Rule 12 states that on members of State Civil Service or a person appointed to a State Civil post, penalties specified in Rule 10 may be imposed either by the Appointing Authority or by the authority specified in the Schedule or by any other authority empowered in this behalf by a general or special order of the Governor. Thus the Governor can by a general or special order empower any authority to impose any of the penalties specified in Rule 10. By the order published in the notification dated 13-8-1997, the Governor has empowered all Divisional Commissioner to impose penalties specified in Clauses (i) to (iv) of Rule 10 of the Rules on Class I and Class II officers of the State Government posted within their respective jurisdiction. Since the Divisional Commissioner has power to impose penalties specified in Clauses (i) to (iv) of Rule 10 on Class I and Class II officers in the State posted within his jurisdiction, he is the Disciplinary Authority in respect of such Class I and Class II officers within the meaning of Rule 9 (1) of the Rules and he can place a Government servant who is a Class I and Class II officer posted within his jurisdiction where disciplinary proceeding is initiated or contemplated against him.
6. This being the provision under the Statutory Rules, any executive circular issued by the State Government contrary to the Statutory Rules will not make the position any different. Rather we find on reading of the circular dated 15-2-1999 of the State Government in Annexure A-2 on which reliance has been placed by Mr. Pandey that it has been clarified therein that Divisional Commissioner is Disciplinary Authority for the purposes of imposing penalties under Rule 10 (i) to (iv) of the Rules. This would mean that the Divisional Commissioner is not a Disciplinary Authority for the purposes of imposing major penalties specified in Rule 10 (v) to 10 (ix), There is nothing in Rule 9 of the Rules to show that a Government servant can be placed under suspension only where it is proposed to impose major penalties specified in Clauses (v) to (ix) of Rule 10 and that a Government servant cannot be placed under suspension for imposition of minor penalty under Clauses (i) to (iv) of Rule 10. Since Rule 9 gives wide power on the Appointing Authority or Disciplinary Authority or any other authority empowered in that behalf by the Governor by general or special order to place a Government servant under suspension where the disciplinary proceeding is initiated or contemplated irrespective of the penalties that will be awarded in the disciplinary proceedings, any of the aforesaid authorities can place a Government servant under suspension where disciplinary proceeding against him is initiated or contemplated.
7. For the aforesaid reasons, we do not find any merit in the writ appeal and we dismiss the same
8. It will however be open for the appellant to raise all issues other than the issue that we decided before the learned Single Judge in the writ petition.