- (1.) WE have heard Dr. L.P. Misra, learned Senior Counsel assisted by Sri Abhishek Misra, learned counsel for the petitioner and learned Standing Counsel for both the respondents.
(2.) BY means of this writ petition, the petitioner seeks quashing of the suspension order dated 06.06.2014 (Annexure -1 to the writ petition) the order dated 06.06.2014 attaching the petitioner upon his suspension in the office of the Opposite Party No.2, Chief Audit Officer, Cooperative Societies and Panchayat, Lucknow as also the charge -sheet dated 06.06.2014 filed as Annexure -3 to the writ petition. A further prayer has been made to direct the opposite party to reinstate the petitioner as Regional Audit Officer, Cooperative Societies and Panchayat, Faizabad Division, Faizabad and to pay his salary regularly every month.
(3.) THE submission of learned counsel for the petitioner is based upon provisions of Rule 217(b) of the U.P. Cooperative Societies Rules, 1968 (hereinafter referred to as the Rules) as also the provisions of Rule 206 of the Rules. Apart from the aforesaid, learned counsel for the petitioner has referred to the inquiry report the constitution of two member inquiry committee and the report submitted by the Committee as also the communication to the Opposite Party No.1, Principal Secretary, Finance Department, Lucknow by Opposite Party No.2 suggesting that the petitioner be not suspended nor any disciplinary proceeding be initiated against him. Learned counsel for the petitioner has submitted that the petitioner was selected by the U.P. Public Service Commission in the year 1997 and appointed as Regional Audit Officer, Cooperative Societies and Panchayat and was posted as Regional Audit Officer, Faizabad Division, Faizabad in the year 1998. He was transferred to Meerut Division on 26.06.2004 and was also given additional -officiating charge of District Audit Officer, Cooperative Societies and Panchayat, Ghaziabad. The petitioner officiated as District Audit Officer, Ghaziabad from 02.08.2011 to 09.05.2013 while also discharging his duties of Meerut Division. On 09.05.2013 the petitioner was relieved from Meerut and joined as Regional Audit Officer, Faizabad on 10.05.2013 hence his officiating charge of Ghaziabad stood automatically divested.;