Mahesh Rawat vs The State Of Madhya Pradesh
2021 Latest Caselaw 748 MP

          HIGH COURT OF MADHYA PRADESH,
                BENCH AT GWALIOR

                     WP No. 7480/2020
         ( Mahesh Rawat Vs The State of M.P. & others)
                                 (1)

Gwalior, dated : 16/03/2021
     No one appears for the petitioner.

      Shri N.S. Tomar, learned Government Advocate for the

respondent-State.

Shri K.K. Prajapati, learned counsel for respondent No.4.

Counsel for the respondents at the outset pointed out that issue

involved in this petition with regard to suspension of the petitioner

under Rule 5 of M.P. Panchayat Service (Gram Panchayat Secretary

Recruitment and Condition of Service) Rules, 2011 has already been

put to rest by the Division Bench at Indore in W.A. No. 727/2020.

Petitioner in this petition has challenged the order dated

30/04/2020 passed by respondent No.3 (Annexure P-1), whereby

petitioner has been suspended. Petitioner has relied upon the

judgment dated 13/02/2020 in WP No. 15511/2019 (Satish Joshi Vs

The State of M.P. and others) on the ground that M.P. Panchayat

Service (Discipline and Appeal) Rules, 1999 are not applicable in the

case of the petitioner, as there is no provision of suspension in the

amended rules i.e. M.P. Panchayat Service(Gram Panchayat

Secretary Recruitment and Condition of Service Rules, 2011. Service

condition of the petitioner is governed by Rules, 2011, therefore, the

impugned order is without jurisdiction and hence liable to be set-

aside. The Division Bench at Indore in WA No. 727/2020, WA No.

729/2020 and WA No. 741/2020 has set-side the order dated HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

WP No. 7480/2020 ( Mahesh Rawat Vs The State of M.P. & others)

13/02/2020 passed in WP No. 15511/2019 (Satish Joshi Vs The State

of M.P.). The relevant portion of the judgment of Division Bench is

reproduced herein below for the purpose of convenience :-

"[17] Having regard to the aforesaid, we are of the

opinion that applying the general principle of master

servant relationship, the authority who has the power to

appoint an employee has the implicit power to place the

employee under interim suspension or to dismiss him. In

this view of the matter even if there is no expressed

provision in the Rules of 2011 or even if these Rules are

silent about power of the appointing authority to suspend

the CEO, then also attracting the general principle, the

appointing authority has the power to place a Panchayat

Secretary under interim suspension.

[18] In the present case, as already mentioned above the

appointing authority of Gram Panchayat Secretary under

Rules of 2011 is the CEO of Jilla Panchayat, therefore,

the said appointing authority also has the power to

suspend or dismiss the Gram Panchayat Secretary. In the

present case, the impugned order of interim suspension

has been passed by the appointing authority which also

provides for payment of suspension allowance during the

suspension period, therefore, it does not suffer from the HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

WP No. 7480/2020 ( Mahesh Rawat Vs The State of M.P. & others)

vice of lack of jurisdiction.

[19] It is also worth noting that the State Government

has published the notification dated 20/1/2020 in the

M.P. Gazettee to the following effect:-

"No.F.10-1-2020-XXII-P.1--The State Government

hereby makes the clarification that if it is necessary for

maintaining discipline and control under rule 7 of the

Madhya Pradesh Panchayat Service (Gram Panchayat

Secretary Recruitment and Conditions of Service) Rules,

2011. The Action of suspension under the Madhya

Pradesh Panchayat Service (Discipline and Appeal)

Rules 1999 may be taken and Chief Executive Officer of

Zilla Panchayat is competent to suspend the Secretary of

the Gram Panchayat.

This explanation shall be applicable from the date of

enforcement of the Madhya Pradesh Panchayat Service

(Gram Panchayat Secretary Recruitment and Conditions

of Service) Rules, 2011."

[20] The aforesaid clarificatory notification issued by the

State government is in consonance with the general

principle of implicit power to suspend, which the

appointing authority is conferred with in the master

servant relationship.

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

WP No. 7480/2020 ( Mahesh Rawat Vs The State of M.P. & others)

[21] Having regard to the aforesaid, we are of the opinion

that CEO, Jilla Panchayat, Ujjain was competent to

suspend the appellant and the order of suspension dated

29/7/2019 does not suffer from the vice of lack of

jurisdiction.

[22] In view of the above analysis, we set aside the order

of the learned Single Judge and dismiss the writ

petitions. The Writ Appeals are accordingly allowed."

In view of the aforesaid, the issue raised in the present petition

is squarely covered by decision of the Division Bench at Indore in

WA No. 727/2020. Accordingly, the present writ petition is hereby

dismissed.

(S.A.Dharmadhikari) Judge

Prachi*

PRACHI MISHRA 2021.03.17 18:01:58 +05'30'