R.R.Rastogi, J. - (1.) Anis Ahmad, the petitioner, was appointed Eakshi of the Town Area Committee Machli Shahr, district Jaunpur (hereinafter referred to as the Town Area Committee) on 6-3-1975 and he took charge of that office on 17-3-1975. On the enforcement of the U. P. Town Areas and Notified Areas Committee (Centralised) Service Rules, 1976 (hereinafter referred to as the Rules) from 1-7-1976 the services of Bakshis in the Town Areas of Uttar Pradesh were centralised and the petitioner became a member of that centralised service. In Aug., 1977 the elected Town Area Committee was superseded and the Sub-Divisional Magistrate, Machli Shahr was made in-charge of it. The petitioner was suspended by the District Magistrate, Jaunpur by an order dated 2-1-1978 and this order forms the subject-matter of challenge in this writ petition and the prayer is for the issue of a writ of certiorari calling for the record of the petitioners case and for the quashing of the aforesaid order.
(2.) The impugned order purports to have been passed by the District Magistrate, Jaunpur on the authority of a communication received by him from the Under-Secretary Swayatta Shasan Anubhag-1, Vidhan Bhawan, Lucknow Dated 23-12-1977. That letter was classified as 'Secret and Immediate and rendered in simple English it reads as under:- "Dear Sir, Your attention is invited to the petition of the erstwhile member of the Town Area committee Machli Shahr addressed to the Honble Swayatta Shasan Mantri, which is attached herewith. It is evident that there are serious complaints against the present Bakshi Sri Anis Ahmad, of embezzlement and irregularities. This Bakshi had been to jail also and there were several complaints against him found by the Sub-Divisional Officer, Machli Shahr and despite having been suspended he was again taken in -service. In case the attached complaints against Sri Anis Ahmad are found to be correct then he may be suspended with immediate effect and a report to that effect be submitted to the Government within one week so that the Honble Minister might be apprised of the whole situation. In case he has already been suspended, a copy of the suspension order may kindly be sent. Yours faithfully Girish Chandra Asthana, Anu Sachiv." A copy of this letter is Annexure T to the rejoinder-affidavit.
(3.) Rule 39 of the Rules makes provision for disciplinary proceedings. Sub-rule (3) thereof, which is material for our purposes is as under:- "(3) In cases requiring immediate suspension of an officer of the Centralised Services, the power of suspending such an officer shall be exercised by such authority as may be specified in this behalf by the Government; and in other cases requiring suspension of an officer, reference shall be made to the Government.";