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Judgment
The petitioner before this Court has filed this present petition being aggrieved by the order dated 13.08.2019, by which, he has been placed under suspension. The order of suspension has been passed by the competent authority i.e., Chief Executive Officer, Jila Panchayat in respect of the petitioner who is the Panchayat Secretary.
Learned counsel for the petitioner has argued before this Court that the order passed by the Chief Executive Officer is violative of principles of natural justice and fair play and no opportunity was granted to the petitioner before placing him under suspension, and therefore, the order of suspension be revoked.
This Court has carefully gone through the order of suspension. The statutory provision of law governing the field, as contained under Rule 4 of the Madhya Pradesh Panchayat Service (Discipline & Appeal) Rules, 1999 reads as under:-
"4. Suspension. - (1) The appointing authority or any authority to which it is subordinate or disciplinary authority in that behalf, may place a member of Panchayat Service under suspension :-
(a) Where a disciplinary proceeding against him is contemplated, or is pending; or
(b) Where a case against him in respect of any criminal offence involving moral turpitude is under investigation, inquiry or trial:
Provided that where the order of suspension is made by an authority subordinate to or lower in rank than the appointing authority, such authority shall forth with report to the appointing authority the circumstances in which the order was made.
(2) A member of Panchayat Service shall be deemed to have been placed under suspension by an order of appointing authority :-
(a) With effect from the date of his detention, on a criminal charge or otherwise, for a period exceeding forty eight hours..
(b) With effect from the date of his conviction, if the event of a conviction for an offence, he is sentenced to a term of imprisonment exceeding forty eight hours and is not forthwith dismissed or removed or compulsorily retired consequent upon such conviction.
Explanation. - The period of forty eight hours referred to in clause (b) of this sub-rule shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment if any, shall be taken into account.
(3) When a penalty of dismissal, removal or compulsory retirement from service imposed upon a member of Panchayat Service under suspension is set aside in appeal or on review under these rules and the case is remitted for further inquiry of or action or with any other directions, the order of his suspension shall be deemed to have continued in force with effect on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in force until further orders.
(4) Whether a penalty of dismissal, removal or compulsory retirement from service imposed upon a member of Panchayat Service is set aside or declared or rendered void in consequence of or, by a decision of a Court of law, and the Disciplinary Authority on a consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the member of Panchayat Service shall be deemed to have been placed under suspension by the appointing authority from the date of the original order of dismissal, removal, compulsory retirement and shall continue to remain under suspension until further orders.
(5)(a) An order suspension made or deemed to have been made under this rule shall continue to remain in force until it is modified or revoked by the authority competent to do so.
(b) Where a member of Panchayat Service is suspended or is deemed to have been suspended in connection with any disciplinary proceeding or otherwise and any other disciplinary proceeding is commenced against him during the continuance of such suspension, the authority competent to place him under suspension may, for reasons to be recorded by him in writing, direct that the member of Panchayat Service shall continue to be under suspension until the termination of all or any of such proceedings.
(c) An order of suspension made or deemed to have been made under this rule, may at any time be modified or revoked by the authority which made or is deemed to have made it or by any authority to which, that authority is subordinate.
Undisputedly, the petitioner was under detention for more than 48 hours, and therefore, the order of suspension has rightly been passed. Whether the petitioner was impleaded in false and fabricated case or not can only be decided after the judgment is delivered by the trial Court in the case in which the petitioner is an accused. So far as the principles of natural justice and fair play are concerned, there is no provision of law which provides an opportunity of hearing, before placing an employee under suspension, under the Madhya Pradesh Panchayat Service (Discipline &Appeal) Rules, 1999. No case for interference is made out in the matter.
Resultantly, the present Writ Petition stands dismissed.
Certified copy, as per rules.