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High CourtsSingle Bench(2013) 06 MP CK 0012

K.K. Chaturvedi vs State of M.P. and Others

Madhya Pradesh High Court · Decided on 17 June 2013

HON’BLE JUDGES
R.S. Jha, J
RESULT
Disposed Off
CASE NUMBER
Writ Petition No. 10270 of 2013

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Judgment

5 paragraphs · 345 words

R.S. Jha, J.—The petitioner has filed this petition being aggrieved by the order dated 7-6-2013 passed by the respondent No. 3 by which the petitioner, who is an Assistant Grade-I, and working in the office of the Chief Medical and Health Officer, Tikamgarh, has been suspended in exercise of powers under the M.P. Civil Services (Classification, Control & Appeal) Rules, 1966. It is submitted by the learned counsel for the petitioner that the petitioner has been made a escape goat and in fact he is not responsible for the alleged misconduct on the basis of which he has been suspended and, therefore, the impugned order deserves to be quashed.

2.

Having heard the learned counsel for the petitioner and after going through the record, it is observed that as the petitioner has already moved the competent authority for revocation of suspension by filing a representation, Annexure P-10, therefore, he may raise his grievances in the matter pending before the concerned authority.

3.

Quite apart from the above, it is settled law that this Court cannot interfere in matters of suspension except in cases of total lack of jurisdiction in the authority passing the order and in the cases of apparent malafide as has been held by the Supreme Court in the case of U.P. Rajya Krishi Utpadan Mandi Parishad and Others Vs. Sanjiv Rajan,

4.

In view of the aforesaid, as the petitioner has already approached the concerned authority for revocation of suspension and the matter is pending before the authority, without making any comments on the merits of the case, the petition filed by the petitioner is disposed of with a direction to the concerned authority to consider and decide the representation filed by the petitioner for revocation of suspension in accordance with law preferably within a period of two months from the date the petitioner furnishes a copy of the order passed by this Court today alongwith a copy of the petition before the authority.

5.

With the aforesaid direction the petition filed by the petitioner stands disposed of. C.C. as per rules.