Reinstate engineer Singh, HC directs Indore municipal corporation

INDORE: High court on Friday directed Indore Municipal Corporation to reinstate suspended engineer and complainant of honeytrap case Harbhajan Singh.
Justice SC Sharma passed the order in a petition filed by Singh against his suspension in the court. He sought to be treated on duty for all purposes including payment of salary, increments, posting commensurate to its state.
The court also directed IMC to complete the exercise of payment of salary (difference of salary) in 60 days after receiving the order.
The petitioner was suspended on September 23, 2019 by the competent disciplinary authority in exercise of power contained under Rule 9 of the M.P. Civil Services (Classification, Control & Appeal) Rules, 1966.
Petitioner counsel informed the court that even after expiry of 45 days, no chargesheet was issued and also neither the suspension order was revoked nor extended.
The petitioner is the complainant in a criminal case and now he is being treated as an accused by the respondent. A prayer was made for revocation of suspension on expiry of 45 days and payment of salary as well as consequential benefits, Singh’s counsel informed the court.
IMC’s lawyer opposed the contention of petitioner’s counsel and said that suspension is not a punishment and merely because chargesheet has not been issued within 45 / 90 days, the suspension order does not become a nullity.
However, court rejected IMC’s argument and observed, “As there was no extension order passed by the respondent extending the suspension, subsequent review of extension thereof is not permissible for the reason that earlier order has become invalid after expiry of original period of 45 days.