- (1.) BY means of the present Writ Petition, the petitioner has assailed the order dated 23-9-1997 passed by the District Magistrate Gorakhpur by virtue of which his services as Assistant Development Officer, Rural Engineering Service Pratapgarh has been suspended. The learned Counsel for the petitioner asserted that the allegations levelled against the petitioner are unfounded and the petitioner was not solely responsible for carrying out the work and the respon sibility for the same rests upon other per sons.
(2.) THIS Court in exercise of its power conferred under Article 226 of the Con stitution of India cannot relegate itself to the level of appellate court to adjudicate upon such question of fact. In view of the aforesaid reason we are not inclined to interfere with the suspension order. Con sidering the facts that about two months have passed since passing of the suspen sion order, it would be expedient in the interest of justice that the agony of the petitioner should be over by the ex peditious disposal of the matter. In view of the aforesaid situation, we direct the respondents to issue a charge-sheet to the petitioner within fif teen days from the date of production of certified copy of this order. The petitioner will submit explanation against charge-sheet within a week from the date of is suance of the charge-sheet. The enquiry officer shall hold and conclude the enquiry within a period often weeks from the date of filing of the explanation by the petitioner and forward the report to the appointing authority forthwith. The ap pointing authority from the date of the enquiry report shall pass final orders after completion of all enquiry formalities within six weeks. The petitioner will full co-operate during the course of enquiry and will not seek any adjournment. In case the petitioner would seek any adjourn ment that period would be excluded from the period indicated here-in-above. It is further provided that if despite co-opera tion of the petitioner, the enquiry would not be concluded within the period specified here-in-above, the suspension order shall stand revoked and in that even tuality enquiry will go on. It is further provided that petitioner shall be paid his subsistence allowance forthwith and con tinue to be paid every month. With the aforesaid directions, this Writ Petition is finally disposed of. Writ petition disposed of. .;