Madhya Pradesh High Court
Sudhir Shrivastava vs The State Of Madhya Pradesh on 9 December, 2014
Writ Petition No.19051/2014 09/12/2014
Shri Manish Verma, learned counsel for the petitioner.
Undoubtedly the order impugned of suspension of the petitioner is an appealable order under the provisions of M.P. Civil Services (Classification, Control and Appeal) Rules, 1966, which remedy the petitioner has already resorted to by filing the appeal even after filing of this writ petition.
It is the contention of the learned counsel for the petitioner that in fact to save himself the Commissioner, Tribal Development Department, has suspended the petitioner for alleged misconduct of making recruitment of Data Entry Operators/Assistant Grade III even when the petitioner was not in the services of the parent department where the recruitment process was started. It is contended that the petitioner was on deputation and was repatriated by the OBC and Minority Welfare Department only on 13 th December, 2013. The petitioner gave his joining in the parent department only on 12.2.2014. Prior to that date the recruitment process was already completed and reports were already sent and, therefore, the petitioner cannot be held responsible for any irregularity committed in the said recruitment process. The allegation that the petitioner was not giving right information in respect of such recruitment cannot be said to be made out prima-facie even and, therefore, there was no occasion for suspension of the petitioner.
Since the alternative remedy of filing appeal against the order of suspension is resorted to by the petitioner, it would be appropriate to direct the concerned Principal Secretary of the Department to decide the appeal of the petitioner within 15 days from the date of receipt of the certified copy of the order passed today keeping in view the submissions made by the petitioner in his memo of appeal.
With the aforesaid, the writ petition stands disposed of.
(K.K. Trivedi) Judge shukla-