- (1.) B. S. Chauhan, J. This writ petition has been filed for quashing the impugned suspension order dated 17-2-2005 (Annex. 1) passed by the respondent No. 2.
(2.) THE facts and circumstances giving rise to this case are that the petitioner, an Executive Engineer in Construction Division (Maintenance), U. P. Jal Nigam, had been working as the Executive Engineer in the respondent-Department. THEre had been a direction at district level to repair the hand pumps at the instance of Members of Parliament as well as Members of Legislative Assembly. THE spare parts for repairing the hand pumps had been purchased at local level. However, on the allegations of irregularity, illegality, financial loss to the Department in purchasing the material in contravention of the order issued by the Head Office, and maligning the image of the Department against the petitioner, the impugned suspension order has been passed. Shri U. N. Sharma, learned Senior Counsel appearing for the petitioner has submitted that the impugned suspension order has been passed by the Chairman-cum-Managing Director, U. P. Jal Nigam, who was not competent being the Chairman of the Jal Nigam; there was no authorization by the State to the Chairman-cum-Managing Director to exercise the power of suspension; as per the Rules, suspension order could be passed only by the appointing, authority, i. e. the State or the Head of the Department if so empowered by the Governor of the State; in the instant case, the Governor of the State had not empowered the Chairman, and so Shri Mohd. Azam Khan, Hon'ble Minister of Nagar Vikas, who was the Chairman of the Jal Nigam could not pass the impugned order, and so the order impugned is without jurisdiction, hence liable to be quashed. On the other hand, Shri S. M. A. Kazmi, learned Chief Standing Counsel appearing for the respondents has vehemently opposed the petition submitting that the impugned suspension order has been passed by the Competent Authority -Shri Mohd. Azam Khan, the Hon'ble Minister of Nagar Vikas, who had been appointed as a Chairman of the U. P. Jal Nigam and at the relevant point of time, was also working as officiating Managing Director; he had rightly exercised the powers of suspension; the Rules, though provide that a Chairman may be an Engineer, has not been followed since long; there has been a long standing practice of appointing a person-non-Engineer as a Chairman. Thus, no interference is required with the impugned suspension order and the petition is liable to be dismissed.
(3.) WE have considered the rival submissions made by learned Counsel for the parties and perused the record. During suspension, relationship of master and servant continues between the employer and the employee. However, the employee is forbidden to perform his official duties. In certain cases, suspension may cause stigma even after exoneration in the departmental proceedings or acquittal by the criminal Court, but it cannot be treated as a punishment even by stretch of imagination in strict legal sense.;