Indore: Indore bench of Madhya Pradesh High Court has revoked suspension of Indore Municipal Corporation (IMC) superintendent engineer Harbhajan Singh, who was found to be involved in infamous honey trap and blackmailing case, as the charge-sheet against him could not be submitted in the court within the prescribed time limit of 45 days.
Justice SC Sharma stated that the statutory provision of law makes it very clear that in case, an employee is placed under suspension by the disciplinary authority, a charge-sheet has to be issued within a period of 45 days.
“….. (in) the present case, as the charge-sheet has not been issued within 45 days by the competent disciplinary authority, the suspension order stands revoked on expiry of 45 days from the date of issuance of suspension order,” the judge said.
Counsel of the petitioner, Rohit Saboo said that the IMC municipal commissioner, who had suspended Singh had power to extend his suspension but the same was not done within the prescribed limit.
The court ruled that the petitioner shall be entitled for subsistence allowance for the period w.e.f. 23.09.2019 (the date of his supspention) up to 45 days. “In respect of the period after 45 days from the date of suspension, the petitioner shall be entitled for full salary,” the court said.
The court also stated that in case, the department serves a chargesheet and proceeds ahead with the departmental enquiry, the payment of salary for the period w.e.f. 23.09.2019 up to 45 days shall depend upon the final outcome of the departmental enquiry.
The court directed the IMC commisisoenr to issue appropriate order for posting of the petitioner keeping in view the post which he is holding.
Singh in September last year had filed a complaint with the police that some people were blackmailing him with obscene videos for Rs 3 crore, following which the police arrested the five women and their driver.
Through he blew off the lid from the racket, Singh was suspended for his involvement in the case. The then municipal commissioner Asheesh Singh had suspended him saying his alleged involvement in the immoral act prime facie a sign of moral degradation along with being indecent. “His professional functioning was also questioned due to this,” the commissioner had said.
