State of M.P & Ors. Vs. Ramesh Gir

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WA, 727 of 2020, Judgment Date: Sep 21, 2020

Law laid down - 

1. When the Rules are silent about power of suspension, then the general principle of suspension will apply. The general principle is that under the ordinary law of master and servant the authority which has power to appoint an employee has the implicit power to place him under interim suspension. Such interim suspension can be on account of contemplated or pending departmental enquiry or due to registration of the criminal case or for any other justifiable reason. Such suspended employee is entitled for subsistence allowance as per rules during the suspension period and if there is no rule governing suspension allowance, then full remuneration is payable.

2. Under the M.P. Panchayat Service (Gram Panchayat Recruitment and Conditions of Service) Rules 2011 since CEO, Jilla Panchayat is the appointing authority of Gram Panchayat Secretary, therefore, he is competent to suspend the Panchayat Secretary during the pendency of departmental enquiry or egistration of criminal case or for any other justifiable reason.

State of M.P & Ors. Vs. Ramesh Gir