ANJANI KUMAR, J. - (1.) HEARD learned Counsel for the petitioner and learned Standing Counsel who accepted notice on behalf of respondent Nos. 1, 2, 3 and 4.
(2.) PETITIONER by means of this writ petition has challenged an order of suspension dated 30 -8 -2001 which is pending disciplinary enquiry and directing that the petitioner shall be attached to the office of the District Magistrate, Badaun during the period of suspension. The only ground for challenge as argued by the learned Counsel for the petitioner is that neither in the report of the task force referred to in the order nor from any prima facie material, petitioner can be said to be involved in the works which has been subject -matter of the enquiry as a result of which petitioner has been suspended. It is further contended that the order of suspension demonstrates complete non -application of mind. Next contention advanced by the learned Counsel for the petitioner is that at the preliminary enquiry stage notices were issued to he petitioner as well as to the concerned Assistant Engineer but it only the petitioner who has been subjected to arbitrary suspension. Therefore, the authorities have adopted the policy of pick and choose. From the aforesaid documents it is abundantly clear that the argument of non -application of mind, is totally unfounded. So far as the selective selection for suspension is concerned, the enquiry is yet to be completed and at this stage it was found fit by the disciplinary authority only to suspend the petitioner and, therefore, the suspension order has been passed. Suspension order, pending enquiry has been held not be a punishment. The petitioner has nowhere alleged in the writ petition that he is not to being paid subsistence allowance. The suspension order is only of 30 -8 -2001. Therefore, none of the grounds, made out by the petitioner, can convince me to interfere with the order of suspension. The writ petition is dismissed.
(3.) HOWEVER , the respondents are directed to complete the enquiry against the petitioner within three months from the date of presentation of certified copy of this order along with copy of the writ petition, provided that the petitioner will co -operate with the enquiry. Petition dismissed.;