Tarun Agarwala, J. - (1.) Heard Sri Ashok Khare, the learned Senior counsel assisted by Sri Ram Mohan, Advocate for the petitioner and the learned standing counsel appearing for the respondents.
(2.) By the impugned order dated 18.3.2005, the petitioner has been suspended, pending disciplinary enquiry being initiated against him under Rule 7 of U.P. Government Servant (Discipline and Appeal) Rules, 1999 (hereinafter referred to us the Rules).
(3.) Sri Ashok Khare, the learned Senior counsel submitted that the suspension order has been passed by the authority concerned on the dictates of the State Government and that he did not independently exercised his discretion. The disciplinary authority mechanically and without applying its mind has passed the impugned suspension order. The learned counsel further submitted that the suspension order has also been passed on the basis of a complaint made by a person and therefore the petitioner ought to have been given a notice prior to the issuance of the suspension order. The learned counsel further submitted that the Charges levelled against the petitioner are not serious enough to warrant an order of suspension. According to the petitioner, a suspension order could only be issued where the charges are serious and, if established, would warrant a major penalty.;