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Judgment
Anand Pathak, J
Heard on admission.
1 . The present petition under Article 226 of the Constitution has been preferred by the petitioner taking exception to the order dated 06.09.2023 passed by the District Education Officer, Morena, whereby petitioner who is working as Primary Teacher at Government Middle School Bagchini, District Morena is placed under suspension on pretext of registration of FIR for alleged offence under Sections 294, 506 and 34 of IPC.
2 . It is the submission of the learned trial Court that said offence does not involve moral turpitude, therefore, it is not a case where petitioner should have been placed under suspension and learned counsel tried to carve out exception under Rule 9 of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966.
3 . Learned Government Advocate for the State opposed the prayer on the ground of alternative remedy as provided Rule 23 of Rules 1966.
At this stage, learned counsel for the petitioner prays for withdrawal of this petition with liberty to prefer appeal challenging the order 06.09.2023, whereby petitioner is placed under suspension.
Prayer accepted.
6 . Needless to say that if any appeal is preferred by the petitioner then same shall be taken care of by the appellate authority in accordance with law.
7 . Accordingly, the present petition stands dismissed as withdrawn with aforesaid liberty.