R.R.K. Trivedi, J. - (1.) In this writ petition, counter and rejoinder affidavits have been exchanged and the learned counsel for the parties have agreed that this writ petition may be decided finally at this stage.
(2.) Petitioner is employed as Junior Engineer in Allahabad Development Authority, Allahabad and he is member of U. P. Development Authority Centralise Services and his service conditions are governed by U.P. Development Authority Centralised Services Rules, 1985. It appears that on 22nd April, 1993 a First information Report was a lodged against petitioner, in which it has been alleged that the petitioner was caught red-handed in a trap laid down by the authority of the Vigilance Department while accepting Rs. 300/- as bribe and on basis of the aforesaid incident a case numbered as Case Crime No. 352 of 1993 under Section 7 read with Section 13 (?) of Prevention of Corruption Act has been registered against him at the concerned Police Station. On the basis of aforesaid case petitioner has been suspended from service by impugned order dated 22nd May, 1993, Annexure-2 to the writ petition. Petitioner has questioned the legality of the order of suspension passed against him by filing the present writ petition under Article 226 of the Constitution.
(3.) Petitioner has challenged the legality of the impugned order of suspension on various grounds including that the order has been passed ag8inst him in gross violation of Rule 49-A of The Civil Services (Classification, Control And Appeal) Rules as applicable in Uttar Pradesh. It has also been alleged that the authority passing the order has tailed to apply its mind towards the provisions contained in aforesaid Rule 49-A while passing the impugned order.;