Madhya Pradesh High Court
Sanjay Singh Sengar vs Urban Development Department on 1 October, 2015
W.P.No.5108/2015
01.10.2015
Parties through their counsel.
The petitioner before this court has filed this present
petition being aggrieved by the order dated 14/07/2015
passed by the Collector, by which he has placed the
petitioner under suspension.
In the present case, the recruitment rules governing
the field known as Madhya Pradesh State Urban
Engineering Service (Recruitment and Conditions of
Service) Rules 2005 deals with the service conditions of
the petitioner. Schedule appended in the aforesaid rules
i.e., schedule-1 reflects that engineer-in-chief is the
disciplinary authority in the case of the petitioner as he is
holding the post of Sub-Engineer. Meaning thereby, the
Collector is certainly not the disciplinary authority.
Resultantly, the order passed on 14/07/2015 is
hereby quashed. However, a liberty is granted to the
competent disciplinary authority to take an appropriate
action in accordance with law.
As the order of suspension by an authority is not
competent to do so, the respondents are directed to pass
an appropriate order in respect of period of suspension, keeping in in view the fundamental rules within a period of 30 days from the date of receipt of certified copy of this order.
Certified copy as per rules.
(S.C. Sharma) Judge Karuna