1N THE HIGH CCURT OF G-IHA'ITISGARH AT 3%PUR wxitPeuaonNa 15 /2oo4 / PETITIONER : BhtmeshwaSai,Sfo&IxiD.Qai, aged about 45 yeals, Chié Munidpal Off-icy (Suspended) posted ai Nagar Pandnayat , Patthalgaon, Tahsil— mmrang'aigarh, Distt. kshyur (CG). — Vas RESPONDENTS : 12‘ Stat :?Qthatusgarh, ®\}w Through Secretary, Department of I ; Enmmnmmlt 3: Ulban Admuustratlon, a, D. K. S. Bhawan, Quasm Chowk, Rmpur (CG) 2 Collector. Iashpmmgm (CG) 3. Naib Tnhsimm; Bagbahm, Tahsil— Pafthnlgam Ushict— Iashpur (CG) 4. Nagar Parmhayat, Pafthalgaon, Thwugh its Gdef Munidpal O$cen Patthalgaon, Dstnct- Inshpur 0‘??? WRIT PETITXON UNDER ARTICLE 2 6 22 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS, 1 \PROHIBITION, CERTIORARI ETC.OR ANY OTHER DIRECTION OR DER TO DO JUSTICE IN THE MATT Details uf fhe petition. PARTICULAR OF THE PETITIONER: The pe1i1ioner is mef Mtmicipal Officm- and has been placed under suspension by the Respondent No.2. ‘N R ER. MA; an » - « XI-HC’ZZ anévr m . N:.£: l §°?/49§{ m0 m \ XI—HC—22 W m 200 m @ mm WW Emmiiwm %63d?a'q6n%¥t Learned counsel for the petitioner submits that Rule 36 (if the Rules of 1973 stipulates as under : “1. If having regard to the nature of charges and the circumtances in any ease, the appointing authon'ty is satished that it is necessary or desirable to \place, under suspension, the ~ member of the service against whbm disciplinary proceeding is, contemplated or is pending, it may subject to the provisions of sub-section 2 of Section 86 of the Act, pass an order placing him under suspension. 2. A member of the service detained in police custody, Whether on a criminal charge or otherwise for a period longer than 48 hours, shall be deemed to have been suspended with eEect from the date of detention under this rule. 3.A member of service against whom a criminal charge ' is pending may'at the discretion 01‘? the appointing authority, be the termination of the proceedings, if the charges are c nnected with his duties as a Municipal servant or is likely to brace him in the discharge of his duties in the Municipality or volves moral turpitude. placed under suspension un‘ Learned counsel for the petition placed reliance on the Full Bench decision of the Madhya Pradesh High Curt in the matter of Suresh Chandra WW WW WW w? (sH/w placed under suspension only by the a] order of suspsnsion has bcen pass‘ jurisdiction. )pointing authority. In the instant case, th 3d by the Collector, which is without It is further submitted that thF respondent No.2 has also ordered the- it the petitioner as per Annexure P.7 and it teen coniinned by the State Government. ‘tted that the order of suspension and also it been passed by the State independently. P.7 is' concerned, learned counsel for the . nt No.2 has applied Chhattisgarh Civil peat) Rules, 1966, (hereinatter referred to arge sheet against the petitioner which is .ed counsel further submitted that the rules the case of the petitioner as he is a ;s and rules of 1973 have been separately 1ditions of the petitioner. or thew W \ and considered the facts )rder dated x12m‘ March 2004 passed by r under suspension and the departmental iated 19m April 2004 issued by respondent n to the State to consider ahesh and may oceedmgs in accordance With law iniu'ation of departmental enquiry again is stated that the said order has also I Earned counsel for the petitioner subn initiation of departmental enquiry has nc So far as‘charge sheet, Annexui petitioner submitted that the respon Service (Classification, Control and A; , as rules of 1966),'while issuing the cl contrary to the provisions of law. Lem of 1966 would not have been applied in member of the State Municipal Servict &amed for governance of the service cot Having heard learned counsel 1 and circumstances of-the case, the i respondent No.2 placing the petitione enquiry followed by the charge sheet c' No.2 are set aside. However, it is ope pass appropriate orders and/or initiate pr The petition is accordingly dispo l ied of Sdl- Fakhruddin Judge [the that e /