SATISH CHANDRA, J. - (1.) HEARD Sri Amarjeet Singh Rakhra, learned counsel for the petitioner and Sri D.K. Upadhyay, learned Chief Standing Counsel for the opposite parties, who prays for and is granted two weeks' time to file counter affidavit.
(2.) THE petitioner, who is a Deputy Director, Agriculture, was the Chairman of one of the Committees, which recommended the names of 564 candidates for selection on the post of Safaikarmis. Learned counsel for the petitioner submits that the members of the Bahujan Samaj Party submitted a list of the candidates for appointment on the post of Safaikarmis. He further submits that Sri Kamlesh Prasad, Zila Adhayaksha, Bahujan Samaj Party, Radhey Shyam, Bharati Mandal Prabhari (B.S.P.) Gorakhpur Mandal, Gorakhpur, Ambhika Singh, M.L.A. Bahujan Samaj Party, Gorakhpur, Jiya Lal Tyagi, Zonal Co-ordinator, B.S.P. Faizabad Mandal, Tejpal Singh Saini, Jan Sampark Adhikari, Sahkarita Mantari, B.S.P., Jaiprakash Nishad, Adhyaksha Rajaya Ekikarn Parishad, B.S.P., Ganesh Shankar Pandey, Member of Legislative Council From B.S.P., Vinay Shankar Tiwari (B.S.P. candidate for Lok Sabha from Gorakhpur), Dr.Rama Shankar Rajbhar (Vice President U.P. Rajya Beej Pramadikaran Society, B.S.P.), Dev Narain @ G.M. Singh, Chairman Beej Sutri Karyakaram (B.S.P.), Raj Kumari Devi W/o.Shri Gorakh Prasad, Mandal Adhyaksha, Azamghar Mandal and Bhubhneshwar Maurya, Zila Sachiv, Maharajganj, B.S.P. sent separate list of the candidates for the selection on the post of Safaikarmis and when their candidates were not selected for the post of Safaikarmis they made separate complaints to Hon'ble the Minister, Panchayati Raj. He further submits that the result of the selected candidates was declared by the District Magistrate, Gorakhpur on 10.09.2008 and on the direction of the State Government an enquiry was conducted by the Commissioner, Gorakhpur Mandal, Gorakhpur who submitted his report on 16.09.2008 and 15.10.2008. He further submits that in a most arbitrary and illegal manner, the petitioner has been placed under suspension by the impugned order dated 13.01.2009. Sri D.K. Upadhyay, learned Chief Standing Counsel appearing on behalf of the opposite parties submits that there is no illegality in the impugned suspension order and as soon as the complaints were received by the Government about the irregularities in the selection an enquiry was conducted by the Commissioner, Gorakhpur Mandal, Gorakhpur, who submitted his report on 16.09.2008, on the basis of which the entire selection was cancelled. He further submits that by placing the petitioner under suspension, the State wants to cleanse the system as the petitioner was found guilty by the Commissioner, Gorakhpur Division, Gorakhpur in his report dated 15.10.2008. He further submits that the petitioner was heard by the Commissioner, Gorakhpur Division, Gorakhpur before submitting the report dated 15.10.2008 and as the irregularities were found in the selection, the impugned suspension order has been passed against the petitioner, who was the Chairman of one of the Selection Committees.
(3.) WE have considered the submissions made by the learned counsel for the parties and gone through the record.;