Madhya Pradesh High Court
Shambhu Singh Chouhan vs The State Of Madhya Pradesh on 23 September, 2019
Author: S.C.Sharma
Bench: S.C.Sharma
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HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
WP No.1610/2017
INDORE dt. 23-09-2019
Parties through their counsel.
The petitioner before this court has filed this present
petition being aggrieved by the order of suspension dated
30-10-2015 passed by the Chief Executive Officer, Zila
Panchayat, Mandsaur. The petitioner is also against the order
dated 02-12-2016 passed in appeal by Additional Commissioner
(Revenue) Ujjain division, Ujjain.
The facts of the case reveal that the petitioner, who is
working on the post of Panchayat Secretary was placed under
suspension on account of some alleged irregularities. However,
the fact remains that after placing him under suspension on
30-10-2015 no charge sheet has been issued, till date. We are in
the year 2019. An employee is placed under suspension by the
appointing authority or any authority to which he is subordinate
or by the disciplinary authority in case disciplinary proceedings
are initiated against him contemplated/pending or in case there is
a criminal offence under investigation inquiry on trial.
In the present case the employer wanted to initiate
proceedings and the petitioner has been placed under
suspension. The petitioner being an employee of Gram
Panchayat was placed under suspension under Rule 4 of
Madhya Pradesh Panchayat Service (Disciplinary and Appeal)
Rules, 1999. Undisputedly in respect of a suspension order
which was passed in the year 2015 no charge sheet has been
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issued, till date, as informed by the learned Government
Advocate.
Resultantly, this court is left with no other choice except to
quash the order of suspension dated 30-10-2015. Resultantly,
the order of suspension is hereby quashed. However, the
respondents shall be free to continue with the departmental
inquiry, in case if they so desires. The respondents shall pass an appropriate order in respect of period placed under suspension, keeping in view the Fundamental Rules after conclusion of departmental inquiry in time and in case the respondents decides not to continue any departmental inquiry then they shall pass an appropriate order in respect of period of suspension, within a period of six months, from the date of receipt of certified copy of this order.
Certified copy as per rules.
(S.C. SHARMA) JUDGE Rashmi Digitally signed by Rashmi Prashant Date: 2019.09.30 16:03:52 +05'30'