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Judgment
Vijay Kumar Shukla, J
The petitioner who is working on the post of Chief Municipal Officer at Municipal Council Sarangpur, District Rajgarh is challenging the legality or validity of the order dated 15.06.2022 passed by the respondent no.1, whereby, the petitioner has been suspended from the post of Chief Municipal Officer, on account of raid by Lokayukt police.
The challenge is made mainly on the ground that the order of suspension of the petitioner is illegal and arbitrary as the petitioner has not been detained for 48 hours by the police, therefore, there could not have been any deemed suspension under sub-section 2 of section 36 of MP State Municipal Service (Executive) Rules, 1973.
It is further submitted that as per the circular dated 23.02.2012 of General Administration Department in the cases of raid by Lokayukt, the employee has to be transferred. It is further urged that similarly situated persons against whom the raid was conducted by the Lokayukt have been transferred and they have not been placed under suspension. The petitioner has already submitted a representation to the respondent no.1 on 16.08.2022.
Learned counsel for the respondent/state submits that the order is passed by the competent authority and the representation of the petitioner for revocation of the suspension order is pending for consideration before the respondent no.1.
After hearing learned counsel for the parties, I deem it proper to dispose off the present petition with a direction to the respondent no.1 Principal Secretary, Urban Administration and Development Department, Bhopal to consider and decide the representation of the petitioner dated 16.08.2022 in accordance with the law within the period of one month from the date of communication of the order by passing a speaking and reasoned order.
With the aforesaid, the present petition stands disposed off.