Balram Dohare vs The State Of Madhya Pradesh
2022 Latest Caselaw 2355 MP

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          The High Court Of Madhya Pradesh
                    WP No. 2791 of 2022
             (BALRAM DOHARE Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Gwalior, Dated : 21-02-2022
      Shri Alok Katare, learned counsel for the petitioner.

      Shri Deepak Khot, learned Government Advocate for the respondent-State

on advance notice.

Petitioner serving on the post of bookbinder in respondent-Public Health Engineering Department has approached this Court under Article 226 of the Constitution of India with the grievance that he has been placed under suspension

vide order dated 30/09/2021 (Annexure P-1) by the Chief Engineer, Public Health Engineering Department, Gwalior, purportedly for the reason that petitioner was in police custody for more than 48 hours as provided under Rule 9(2)(b) of the Civil Services (Classification, Control and Appeal) Rules, 1966.

Learned counsel for the petitioner submits that in terms of Rule 9 sub-rule (5) clause (c) & (d) and proviso appended thereto, the appointing authority or disciplinary authority as the case may be, is obliged to pass an order for continuance/ modification or revocation of suspension order with reasons to be recorded. In no case, an employee can be placed under suspension sine die.

Learned counsel relies upon the judgment of the Hon'ble Supreme Court in the case of Ajay Kumar Choudhary Vs. Union of India through its Secretary and Another reported in (2015) 7 SCC 291 to bolster is submission.

Shri Deepak Khot, learned Government Advocate on advance notice does not dispute that an order of suspension can not be continued for an indefinite period regard being had to the provision of Rule 9 of Rules, 1966.

Upon consideration of the submissions advanced by counsel for the parties, and in the obtaining fact and circumstances of the case, it is directed that respondent No.3 shall pass an order in terms of Rule 9 sub-rule 5 clause (c) & (d) read with proviso thereunder and the judgment rendered in the case of Ajay Kumar Choudhary Vs. Union of India (supra) in the context of the order of suspension passed on 30/09/2021 (Annexure P-1).

Let this exercise be completed within three weeks from the date of

submission of certified copy of this order by the petitioner in person before respondent No.3.

With the aforesaid, the writ petition stands disposed of. Certified copy as per rules.

(ROHIT ARYA) JUDGE

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VARSHA CHATURVEDI 2022.02.22 11:46:08 +05'30'