D.K.Seth, J. - (1.) In contemplation of an enquiry on the basis of charges as indicated in the order dated 6.8.1997, the petitioner has been suspended by the District Development Officer, Jaunpur with whom he had worked during the periods 1994-95 and 1995-96. The charges also related to the period during which the petitioner was posted at Jaunpur. Admittedly, the petitioner had in the meantime been transferred to some other place in District Ballia and had been working under the District Development Officer, Ballia, By an order dated 6.8.1997, he has been sought to be suspended by District Development Officer, Jaunpur.
(2.) Learned counsel for the petitioner contends that the District Development Officer, Jaunpur is not competent to issue the order of suspension when the petitioner is posted at Ballia under the District Development Officer, Ballia. Since he has been transferred to the District Ballia, the District Development Officer, Jaunpur cannot be the controlling officer of the petitioner with regard to the service conditions though he agreed that there was no bar in proceeding against the petitioner by the said authority.
(3.) Learned standing counsel contends that charge-sheet has already been served and the enquiry has been related to the period during which the petitioner was posted at Jaunpur, therefore, the District Development Officer is the competent authority to suspend the petitioner. He contends that District Development Officer, Ballia cannot suspend the petitioner on account of initiation of departmental proceedings in Jaunpur. He relies on the report contained in Annexure 2 to the writ petition whereby the suspension was suggested by the Block Development Officer, Jaunpur on the finding that there are sufficient materials to proceed against the petitioner departmentally.;