ORDER
The prayer in the petition is for quashment of the order dated 24/05/11 Annexure P/7 whereby petitioner was suspended from the post of General Manager.
Learned counsel for the petitioner submits that the petitioner was working as General Manager with respondent No. 2. It is submitted that vide order dated 24/05/11 passed by respondent No. 1 petitioner was suspended. It is submitted that the respondent No. 2 was having no power to suspend the petitioner. For this contention learned counsel placed reliance on Annexure P/12, which is the order dated 22/07/10 issued by respondent No. 1 wherein competent Authority to suspend Class-I Officer is Hon'ble Minister of M.P Government Panchayat & Rural Development Department. It is submitted that prior to 22/07/10 the executive committee was empowered, but thereafter it is only the Minister who is empowered. It is submitted that since the order has been issued by the CEO of respondents, therefore, the same is without jurisdiction. It is submitted that in the facts and circumstances of the case, petition filed by the petitioner be allowed and the order Annexure P/7 be quashed.
Learned counsel for the respondents submit that the order has been passed by the Hon'ble Minister and it is only communicated by the Chief Executive Officer. For this contention learned counsel placed reliance on the document Annexure R/2. It is submitted that the charges which are levelled against the petitioner are serious in nature. It is submitted that the petitioner has issued false experience certificate to the Contractor who has performed the job of construction of road, which is below standard. It is submitted that the petition filed by the petitioner be dismissed.
From perusal of the order Annexure P/12 it is evident that the competent Authority was Hon'ble Minister, M.P Panchayat & Rural Development Department. Annexure R/2 is the note-sheet wherein the recommendation was made for suspension of the petitioner. The matter was placed before the Hon'ble Minister, who has put his signature. The Hon'ble Minister has not even bother to make any comment either positive or negative, which shows no application of mind. From perusal of the order Annexure P/7 it is evident that the order was issued by the Chief Executive Officer.
In the facts and circumstances of the case, petition filed by the petitioner is allowed and the order Annexure P/7 is quashed. Respondents are directed to pass necessary orders within a period of four weeks.
With the aforesaid observations, petition stands disposed of.