G.S. Singhvi, J. - (1.) In this writ petition the petitioner has prayed for quashing of order dated 18.10.89 (Annexure-7) passed by the Chairman, Indian Red Cross Society, Rajasthan State Branch, Jaipur for suspension of the petitioner. The petitioner has prayed that respondents be directed to give him all consequential benefits including arrears of salary.
(2.) The petitioner was initially appointed as U.D.C.-cum-Typist-cum-Accountant by an order dated 10.6.71 issued by the Secretary, Indian Red Cross Society (for short 'the Society'). He was confirmed as U.D.C. by order dated 27.6.72. The petitioner was given the designation of Assistant Accounts Officer in the pay scale of Rs. 620-1100 on the basis of the approval given by the Managing Committee vide office note dated 30.6.81. Order in this connection was issued by the Secretary on 8.7.81. The petitioner was then promoted as Deputy Secretary of the Society and St. John Ambulance Association and allied sections, Rajasthan State Branch vide order dated 21.4.89 of the Chairman of the respondent Society. In its meeting dated 5/6.3.89 the Managing Committee of the respondent Society decided that the petitioner be given pay scale of Rs. 2100-3550 with effect from 24.1.89. While the petitioner was holding the post of Deputy Secretary, impugned order of suspension (Annexure-7) was passed by the Chairman on the grounds of registration of case by the Anti Corruption Department on the allegations of corruption, forgery and cheating. The order also records that the petitioner will be entitled to subsistence allowance as per rules.
(3.) In the writ petition the petitioner has alleged that the order of suspension has been passed by respondent No. 2 on account of his personal malice against him. The petitioner has stated that respondent No. 2 Dr. Pitambar Dayal Mathur, Chairman of the respondent Society entertained impression that the petitioner was instrumental in removal of his son jaideep Dayal Mathur from the post of Assistant Secretary. The petitioner has stated that without there being any post or budgetary provision, respondent No. 2 managed appointment of his son on the post of Assistant Secretary with effect from 1.4.89 in the pay scale of 1720-3350. In its meeting dated 30.7.89 the Managing Committee did not approve of the appointment of Shri Jaideep Dayal Mathur. This compelled Shri Jaideep Dayal Mathur to tender his resignation by a back dated letter dated 29.7.89 which was shown as accepted on 31.7.89. Respondent No. 2 entertained an impression that the petitioner had instigated the members of the Management Committee for not approving the appointment of Shri Jaideep Dayal Mathur. Another reason given by the petitioner for the malice of respondent No. 2 is that the petitioner has raised his voice before the members of the Managing Committee in regard to the misuse of powers and drawal of undue financial benefits by respondent No. 2. After getting rid of the petitioner from the active duty, respondent No. 2 managed issue of Office Order dated 15.11.89 whereby resignation of Shri Jaideep Dayal Mathur was allowed to be withdrawn and the period of his absence from duty between 1.8.89 to 14.11.89 was treated as extra-ordinary leave without pay. It has also been stated that although the order dated 15.11.89 (Annexure-2) makes a reference of the fact that the case of appointment of Shri Jaideep Dayal Mathur was put up before the Executive Committee in its meeting held on 8.9.89 and after a detailed discussion the committee ratified the appointment of Shri Jaideep Dayal Mathur and withdrawal of his resignation, in fact the matter regarding appointment of Shri Jaideep Dayal Mathur was not included in the agenda of the meeting of the Executive Committee. Minutes of the meeting of the Executive Committee dated 8.9.89 have been placed on record as Annexure-3.;