JUDGEMENT
-
(1.) R. A. Sharma, J. By this writ petition the petitioner, who is Secretary of a Co-operative Society, has challenged the order of his suspension passed on 18-10-1994. Grievance of the petitioner as put through his learned counsel is that the allegations on the basis of which he has been suspended are vague. In this connection he has placed reliance on a decision of a Divi sion Bench of this Court in Rajpati Singh v. District Administrative Committee, 1983 UP Service Cases 143, wherein it was laid down that there should be some definite allegation against the employee in the suspension order on the basis of which enquiry is contemplated. It was further laid down that details of charges need not be specified in the suspension order, because they may be given later on in the charge-sheet, but "at least some indication of the nature of misconduct proposed to be charged should be given even in suspension order in contemplation of departmental enquiry". In the instant case it has been mentioned in the order of suspension that the peti tioner is guilty of embezzlement of funds and causing financial loss to the society and also manipulation of records. This gives some indication of the nature of misconduct for which petitioner is proposed to be charged. There is full compliance of the ratio laid down by the Division Bench in the rase of Rajpati Singh (supra ).
(2.) IT has further been argued by learned counsel for the petitioner that the allegations made in the suspension order are factually incorrect. This question has to be enquired into by the Enquiry Officer.
In view of the facts and circumstances of the case this writ petition i disposed of with the direction to the respondents to serve charge-sheet on the petitioner, if they propose to do so, within three weeks from the date of presentation of certified copy of this order before them, and thereafter conclude the enquiry within a further period of three months. Learned counsel for the petitioner has given an undertaking that petitioner will co-operate with the respondents so as to enable them to complete the enquiry within the period specified above. 4, As regards grievance of the petitioner against the Enquiry Officer, it is open to him to make representation before the appropriate authority. Certified copy of this order may be given to the learned counsel for parties on payment of usual charges within a week. Petition disposed of. .;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.