Research › Search › Judgment

Madhya Pradesh High Court · body

2011 DIGILAW 20 (MP)

Sunil Kumar Sharma v. State of M. P.

2011-01-05

S.N.AGGARWAL

body2011
ORDER 1. The petitioner is working as Assistant Grade -3 in the office of the respondent No.3. He was placed under suspension vide order of the respondent No.2 on 20th October, 2010. The charge sheet was issued by the respondents to the petitioner on 4.12.2010. The inquiry pursuant to the charge sheet is in progress against the petitioner. 2. The petitioner has filed this writ petition under Article 226 of the Constitution of India for directions against the respondents that he may be allowed to continue in service as according to him, the effect of suspension order has ceased after lapse of period of 45 days as provided in law. 3. Heard on admission. 4. Mr. S.K. Sharma, learned counsel appearing on behalf of the petitioner contends that in case, charge sheet is not issued to the employee under suspension within 45 days of the date of suspension then in view of provisions contained in Rule 9 (5) (a) of the M.P. Civil Services (Classification, Control & Appeal) Rules, 1966, then the suspension automatically comes to an end. His contention is that since in this case, there was delay of one day in issuing the charge sheet, the impugned suspension of the petitioner automatically came to an end immediately on expiry of that period. 5. Upon giving my anxious consideration to the above submission made on behalf of the petitioner, I have not been able to persuade myself to agree with his submission. It is true that in terms of provisions contained in Rule 9 (5) (a) of the M.P. Civil Services (Classification, Control & Appeal) Rules, 1966, in case, charge sheet is not issued within 45 days of the date of suspension then the suspension automatically comes to an end. However, in the present case, I find that the charge sheet was issued by the respondents to the petitioner i.e. 20th October, 2010. Section 12 (1) of the Limitation Act, 1963 provides that the day from which period of limitation is to be reckoned has to be excluded. If, we exclude the date of suspension i.e.20th October, 2010 then the charge sheet issued by the respondents to the petitioner on 4.12.2010 comes within 45 days period prescribed in Rule 9 (2) of the M.P. Civil Services (Classification, Control & Appeal) Rules, 1966. 6. If, we exclude the date of suspension i.e.20th October, 2010 then the charge sheet issued by the respondents to the petitioner on 4.12.2010 comes within 45 days period prescribed in Rule 9 (2) of the M.P. Civil Services (Classification, Control & Appeal) Rules, 1966. 6. In view of foregoing, I do not find any merit in this writ petition which fails and is hereby dismissed in limine.