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Madhya Pradesh High Court · body

2020 DIGILAW 632 (MP)

Durgacharan Mourya v. State of M. P.

2020-05-27

SHEEL NAGU

body2020
ORDER 1. Challenge in this petition under Article 226 of the Constitution is to the order of suspension dated 29.2.2020 (Annexure P-1) issued by Collector, District Bhind. 2. Learned counsel for the petitioner submits that petitioner is attaining the age of superannuation on 30.6.2020 and yet has been suspended vide P-1 on wrong premise. It is submitted that reasons mentioned in the impugned order of suspension are incorrect. 3. Undoubtedly, petitioner has an alternative statutory remedy of filing an appeal to the Appellate Authority against the impugned order of suspension which has not been availed by him. 4. Since the grounds raised are factual in nature and do not relate to jurisdictional issue, this Court declines to exercise its power of judicial review under Article 226 of the Constitution. 5. Consequently, this Court dismisses this petition with liberty to the petitioner of filing an appeal under rule 23 of M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 to the Appellate Authority i.e. Commissioner (Revenue) Chambal Division, which if filed within a period of six working days from today shall be decided on its own merits without being dismissed on limitation alone. 6. It is made clear that Appellate Authority is expected to decide the appeal within a period of ten days from the date of its receipt. 7. With the aforesaid direction, this petition stands disposed of.