Binod Kumar Roy and S. K. Jain, JJ. - (1.) Three-fold prayers have been made by the petitioner in this writ petition, who is an Assistant Commissioner, Trade Tax, Varanasi, which has been placed for admission before us : (i) to quash his suspension order dated 5.10.2000 as contained in Annexure-1 by grant of a writ of certiorari ; (ii) to restrain the respondents from Interfering with his functioning ; and (iii) to command the respondents to expedite the contemplated enquiry expeditiously preferably within a period of three months.
(2.) The impugned order shows, inter alia, that the petitioner has been suspended on account of three charges in relation to which there is proposal for initiation of a disciplinary proceeding at the command of His Excellency the Governor of Uttar Pradesh.
(3.) Dr. Padia, learned counsel appearing on behalf of the petitioner contended as follows : (i) The expression of the word '???' in the opening paragraph of the impugned order read with last part shows that it has really been passed by T. George Joseph, Principal Secretary, Tax and Registration Department of the Government of Uttar Pradesh whereas it ought to have been passed by the Governor after recording his satisfaction. In order to buttress this submission, Dr. Padia placed considerable reliance on a Full Bench decision of our own High Court in Jaswant Sugar Mills Ltd. v. Presiding Officer, Industrial Tribunal (III) U. P., Allahabad and others, AIR 1962 All 240. (ii) The reasons disclosed are factually Incorrect inasmuch as the petitioner was not responsible for the alleged acts who at that time was a Trade Tax Officer, who was also promoted subsequently. (iii) Alternatively, the contemplated disciplinary proceeding be directed to be initiated and concluded within a period of three months.;