' m BENEH @ M W BEFORE THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR iC.Gr.) HRH PETITION (S) NO. ‘4 E ®¢ /2006 ‘ 5 WRIT ?ETITION UNDER ARTICLE 226 l 227 OF THE CONSTITUTION OF INDIA ; ag6d about 49 years, son x x of Late Manhodhi Ram, / occupation ~ Service 7 I Pmject Co’ ‘(Distcict animator (Suspaqdcd) » R’ajiv Gandhi Shimha Mission — Dhamtari), R/o village Sambalput, District Dhamtari, Chhattisgarh VERSUS State of Chhattisgarh, RESPONDENTS ' /1., through — the Secretary, ' Department of School ‘ “\ Education, Dan Kalyan I. «I n Singh Bhawan, Raipur {Chhattiegaxh‘y W... c‘“?';:%~% ”* /2. Awar Sachiv, Department of School Education, Dau Kalyall Sinigh Bhawan, Raipur {Ckmattisgarh‘} Director, Rajiv / 3. Mission Gandhi Shiksha Mission, Chhattisgarh, Raipur. 4. The C011€ctor — District 'DSiIcctor, Mission Dhamtari, Distt. Dhamtan' (Chhattisgarh) In 200 W‘m(W) WW§WW $WW WWREEW 31 -8 —2006 for- fhe pe‘rifioner'. Mr. Vinny Pandey, counse Mr. Satish Gupfa, Deputy Govt Advocafe for fhe Sfa're/respondenfs, on advance copy. Heard boih fhe counsel. By The insfanf wrH' pem of India, The pefi‘rioner has ch (Annexure P-3) passed by re suspension order is no? in co Services (Ciassificoi'ion, Confro & Appeal) Rules, 1966. I As perxRule 9 of The R es, 1966 on employee can be suspended in Two -conTingencies where enquiry i ion under- Ar‘ricie 226/227 of The Cons‘rifu‘rion :llenge'd his suspension order da1'ed 10-8-2006 :pondenf N02 on fhe ground fha+ ihe said ‘ononce wi'rh Rule 9 of ihe Chhmisgarh Civil respecT of misconducT of an employee is conTemplaTed or he is facing some criminal charge. The impugned order does noT reflecT ThoT wheTher any enquiry is eonTemplaTed againsT The peTiTioner or noT. Therefore, The order imaugned is ex-facie noT in consonance wiTh The provisions of Rule 9 of The Rules, 1966, as such, The order is liable To be quashed aT The Threshold and T is hereby quashed. However, The concerned auThoriTy shall be aT liberTy To The Rules, 1966. Time and again if has be an observed ThaT The ouThoriTies are suspending The officers wiThouT complying Rule 9 of The Rules, 1966. WiTh The observaTions aforesaid, The peTiTion sTands disposed of. . ConsequenTly, M.(W.)P.No.3602/ZOO6 also sTands disposed of. ( Sd/- L.C. Bhadoo Judge pass order afresh in consonance wiTh Rule 9 of. ParTies are enTiTled for (zerTified copy of This order.