D.K. Nema vs The State of Madhya Pradesh

K.K. Trivedi, J.—Heard on the question of admission.

The petitioner is aggrieved by order dated 22.5.2014 as also the order dated 3.9.2013 and has sought the relief against the said orders, on the ground that an order of transfer was issued in respect of petitioner on 13.7.2012, which was sought to be challenged in W.P.No.15705/2012, but the said writ petition was disposed of vide order dated 25.9.2012, granting a liberty to the petitioner to resort to the departmental remedies available to him. The facts were pointed out by the petitioner that the order of transfer was not justified, but such facts were not taken note of. The petitioner was placed under suspension vide order dated 3.9.2013 Annx.P/1, against which a writ petition being W.P.No.5378/2014 was filed. The said writ petition again was disposed of vide order dated 16.4.2014, directing the respondents to decide the representation of the petitioner objectively. However, the merits of the claim made by the petitioner were not examined.

It is contended by learned counsel for the petitioner that the petitioner was not at fault. The ground which he has raised in his representation that the order of suspension was liable to be revoked automatically as charge sheet was not served on him within time stipulated under the provisions of Rule 9 of M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 (hereinafter referred to as Rules for brevity), was not taken note of by the respondents in appropriate manner. It is contended that the petitioner was posted elsewhere and was placed under suspension for non-compliance of order dated 13.7.2012, but knowing fully well that the petitioner was not posted at Singrauli, the charge sheet was sent to Singrauli. All other correspondence was sent to the petitioner at the place where he was posted on earlier occasion. Thus, in fact the charge sheet was not issued to the petitioner within time and this aspect is not considered by the respondents while deciding the representation of the petitioner.

The entire submissions made by learned counsel for the petitioner are misconceived. In the order dated 3.9.2013, after suspension, the headquarter of the petitioner was fixed at Singrauli, and if the petitioner was so willing to obtain the subsistence allowance, he was required to furnish appearance in the headquarter where the petitioner was attached during suspension. Merely because the petitioner was not willing to carry out the order of transfer on account of which he was placed under suspension, the liberty was not available to him to remain suspended and stationed at Patan where his headquarter was not fixed during suspension. Secondly, the charge sheet was issued to the petitioner and was sent on the place where he was attached, for service. The suspension order was issued on 3.9.2013 and charge sheet was issued on 17.9.2013. The word ''issue'' is used under the provisions of Rule 9 of the Rules aforesaid for the purposes of making application of the specific provision of automatic revocation of the suspension order. This has been interpreted on several occasions by this Court that issue means putting the charge sheet in transit for communication. It is not the case of the petitioner that the charge sheet was not put in transit within a period of 45 days for service on him. The effective date of service of the charge sheet is immaterial for invoking provisions of automatic vacation of suspension order. Thus, the grounds raised by the petitioner in representation were properly considered. As far as the demand of subsistence allowance, suffice it to say that the petitioner being an employee of respondents, is duty bound to comply with the order of attachment issued against him during suspension and then only he would be entitled to subsistence allowance.

In view of the aforesaid, no infirmity is found in the order passed by the respondents on the representation of the petitioner.

The petition being devoid of any substance deserves to be and is hereby dismissed, without notice to the other side.