Charan Singh vs State Of Madhya Pradesh

This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-

''7(i) That, the respondents may kindly be directed to take decision on the representation of the petitioner regarding revocation of his suspension.

(ii) Any other suitable direction which this Hon'ble Court deems fit in the facts and circumstances of the case may kindly be passed.''

It is submitted   by the counsel for the petitioner that due to registration of a criminal case, a preliminary enquiry was conducted against the petitioner and accordingly, by order dated 20/03/2020, the

petitioner has been placed under suspension in exercise of Rule 9(1) (a)    of Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules,1966. It is submitted that since no departmental charge sheet has been issued within the stipulated period, therefore, the suspension order automatically stands revoked and further, in the light of the judgment passed by the Supreme Court in the case of

Ajay Kumar Choudhary vs Union Of India through its Secretary and another, reported in (2015)7 SCC 291, the respondents are under obligation to review the suspension order but that has not been done and accordingly, the petitioner has filed a representation for revocation of suspension order, but no decision has been taken so far.

Considered the submissions made by counsel for the petitioner.

Rule 9(1)(a) of Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 reads as under:-

9(1)The appointing authority or any authority to which it is subordinate or the disciplinary authority or any other authority empowered in that behalf by the Governor by general or special order, may place a Government servant under suspension -

(a) where a disciplinary proceeding against him is contemplated or is pending; or

(b) where a case against him in respect of any criminal offence is under inventilation, inquiry of trial:

[Provided that a Government servant shall invariably be placed under suspension when a challan for a criminal offence involving corruption or other moral turpitude is filed after sanction of prosecution by the Government against him;]

Provided further that where the order of suspension is made by an authority lower than the appointing authority, such authority shall forthwith report to the appointing authority the circumstances in which the order was made.''

Although  from  the  suspension  order,  it  appears  that  the petitioner has been suspended on the ground that a departmental enquiry is under contemplation but it is an undisputed fact that the allegation against the petitioner is that on the basis of forged mark-sheet of D.Ed., he has secured appointment on the post of Contract Teacher Class-III and accordingly, a FIR in Crime No.98/2019 has been registered at Police Station Thatipur, Gwalior for offence under Sections 420, 467, 468, 471 of IPC. Where the allegations against the petitioner are that he had secured appointment on the basis of forged mark sheet and the offence has also been registered against him and the allegation of obtaining appointment on the basis of forged mark sheet has been found correct in the preliminary departmental enquiry, then this Court is of the considered opinion that the suspension order can be treated as one which has been passed under Rule 9(1)(b) of Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966.

In view of the serious allegations made against the petitioner, this Court is of the considered opinion that no case is made out warranting interference in the matter. Accordingly, this petition fails and is hereby dismissed.