P.P.Gupta, J. - (1.) By this petition filed by Dinesh Sohrab Gundevia, General Manager, Jal Sansthan, Varanasi (under suspension) under Article 226 of the Constitution, a prayer for an order direction or a writ in the nature of certiorari for quashing the order dated May 30, 1990 (Annexure 7) passed by respondent No. 2 has been made. By this impugned order he was placed under suspension for negligence and for dereliction of duties.
(2.) On 26th May, 1990 at about 8 p.m. a small portion of eastern wall of sansthan settling Tank No. 1 suddenly collapsed causing extensive damage due to flooding of neighbouring localities of the city of Varanasi, On 27th May, 1990, the respondent No. 3, appointed Sri Arun Singhal, S.D.M. (South), Varanasi to make an enquiry of the aforesaid happening and submit the report before 15th June, 1990. The U. P. Urban Development Minister made a spot inspection on 28th May, 1990 at about 1.30 p.m. and announced the suspension of the petitioner which was widely reported in the local newspapers which was followed by the impugned order ' suspension dated May 30, 1990 passed by the State Government. The main grievance of the petitioner is that although the impugned order of suspension was passed against him by the State of O. P. on May 30, 1990, no charge-sheet has been submitted against him so far. In para 18 of the counter affidavit this fact that no charge-sheet has so far been served on the petitioner has not been disputed. The stand taken is that all relevant records and material to be relied in support of the charges have been collected and a charge-sheet is being framed, which will be served upon the petitioner very soon. It is important to note that respondent No. 3 had appointed Sri Arun Singhai, S.D.M. (South), Varanasi to make enquiry in the aforesaid episode and submit the report before 15th June, 1990. According to the respondents, it was a fact finding enquiry. Along with his supplementary affidavit, the petitioner has filed the copy of the Enquiry report submitted by Sri Arun Singhal. In this report no particular person of the Jal Sansthan has been held responsible for the incident of May 26, 1990 in which a wall of the Sansthan Settling Tank No. 1 had collapsed on May 26, 1990. Despite this fact finding report given by the S. D. M., neither the proposed proceedings against the petitioner were dropped nor any charge-sheet was served on him. The petitioner was suspended on May 30, 1990. More than nearly 10 months' have elapsed since the passing of the suspension order against the petitioner but no charges have yet, been framed against him. No reasons have been given by the respondents for not framing the charges against the petitioner as yet despite a fact finding report having been received by them, The suspension of the petitioner cannot be allowed to continue indefinitely. The suspension of the petitioner cannot be utilised as a measure of punishment. There have been Government orders passed from time to time to serve the charges and relevant material at the time of suspension itself. All those Government orders appears to have been over looked by the respondents. If no action is taken pursuant to an order of suspension within a reasonable time, the suspension of the petitioner cannot be allowed to continue indefinitely.
(3.) Learned Standing Counsel submitted that a charge-sheet is under process which will be served upon the petitioner very soon. The statement that the charges will be served upon the petitioner 'very soon' is indefinite and vague. The sword of Democle's cannot be allowed to hang over the head of the petitioner indefinitely.;