Lokesh Dubey vs State Of M.P. Through Department ...
2021 Latest Caselaw 95 MP

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     High Court of Madhya Pradesh, Jabalpur
                 Bench at Indore
              Writ Petition No.350/2021
                   (Lokesh Dubey s/o Hari Narayan Dubey
                                   Versus
                  The State of Madhya Pradesh and another)
Indore, Dated 23.02.2021
    Shri L.C. Patne, learned                         counsel   for   the
petitioner.
      Shri Rajwardhan Gawde, learned Panel Lawyer
for the respondent / State of Madhya Pradesh.
      Heard on the question of admission and grant of
interim relief.
                         ORDER

This petition has been filed by the petitioner under Article 226 of the Constitution of India being aggrieved by order dated 4th March, 2020 (Annexure P/2) whereby he has been placed under suspension and charge sheet dated 7th April, 2020 (Annexure P/3) has also been issued against the petitioner.

2. Inter alia, the petitioner has assailed the aforesaid two orders on the ground of competency. According to him, the Collector is not the Competent Authority neither to place Class-III employees of Education Department under suspension nor to issue charge sheet to them.

3. In support of the contention, learned counsel for the petitioner has placed reliance over the judgment passed by a coordinate bench of this Court in the case of Rahul Nilotse v. State of Madhya Pradesh

and others in Writ Petition No.7186/2009 (S) dated 02.05.2019.

4. Vide order dated 8th January, 2021, this Court has directed the Panel Lawyer to obtain instructions in the matter.

5. Mr. Rajwardhan Gawde, learned Panel Lawyer submits that earlier the said power was given to the Collector but vide Circular dated 22nd August, 2008 (Annexure P/1) the said power has been withdrawn, therefore, the orders are without authority.

6. In view of the above, the order dated 4 th March, 2020 (Annexure P/2) and charge sheet dated 7 th April, 2020 (Annexure P/3) are hereby quashed. However, it is made clear that the Competent Authority may pass appropriate orders, if so desired.

7. As a result, Writ Petition No.350/2021 stands allowed.

Sd/-

(Subodh Abhyankar) Judge Pithawe RC

Ramesh Chandra Pithawe 2021.02.23 17:15:12 +05'30'