M. P. Singh, J. - (1.) IN the Public Service Commission there is a post of Joint Secretary, selection to this post is made from amongst Officers of the Uttar Pradesh Civil Services (Executive Branch) placed in special grade. The INcumbent of this post draws pay in the special grade as may be admissible to him from time to time plus special pay of Rs. 250/- per month.
(2.) THE petitioner being a member of the U. P. Civil Services in Special Grade was posted as Joint Secretary on 11-8-1989 in the U. P. Public Service Commission, Allahabad (for short the Commission). Sri Ram Yadav was posted as Controller of Examination in the Commission. On account of his ill-health the Government passed an order on 23rd March, 1992 authorising the petitioner to take over as Controller of Examination. It was only a local change but not a permanent arrangement as is evident from the order dated 23-3-1992 itself. In connection with the leakage of question paper of General Studies of the Indian Administrative Services (Preliminary Examination) 1992 held on 7-6-1992, a first information report was lodged by one Ajai Kumar Singh, a student leader of Allahabad University under section 409 IPC and section 5 (1) of the Official's Secrets Act on the same day.
(3.) THE petitioner was arrested on 7-6-1992. Ha was granted bail on the next day by the Additional Chief Judicial Magistrate. THE Government passed an order of suspension on 9 6-11992. THE said order is under challenge. The case set up by the petitioner was that he was in no way connected with the offence. The order of suspension is wholly without jurisdiction. It has been passed on (Irrelevant considerations. The order is arbitrary and discriminatory.;