LAWS(CA)-2002-4-3

RAM KRIPAL Vs. UNION OF INDIA

Decided On April 23, 2002

JUDGEMENT

(1.) THE relief claimed in this O.A. is for setting aside the suspension order dated 26.3.2002 (Annexure A-15) passed by respondent No. 2 and for issue of directions to the respondents to allow the applicant to resume duties in the Passport Office, Lucknow and further to pay him salary regularly.

(2.) Counsel for the parties have been heard and pleadings on record have been perused.

(3.) FURTHER it has been stated on behalf of the applicant that the order of suspension dated 26.3.2002 does not contain even a whisper as to on what charges, the applicant has been placed under suspension. The suspension order was stated to be totally bald in view of the fact that no reason whatsoever has been assigned for placing the applicant under suspension. It was also argued that in the counter reply filed on behalf of the official respondents, no reason whatsoever has been given for placing the applicant under suspension as the averments made in various paras of the counter reply are entirely general in nature. In this regard it was also brought to our notice that the applicant happened to be the President of All India Passport Employees Association, Lucknow Branch and therefore, he incurred the wrath of the authorities who first transferred him from Lucknow to Ghaziabad and subsequently when the transfer order was quashed by this Tribunal vide order dated 15.3.2002, the authorities placed the applicant under suspension immediately after the order passed by this Tribunal was served on them. It was thus submitted that the suspension order had its genesis to transfer order of 25.9.2001 and subsequent quashing of the said transfer order by this Tribunal on 15.3.2002. FURTHER it was argued that there was absolutely no material available with the respondents for placing the applicant under suspension as nothing concrete and specific has been stated on behalf of the respondents in the counter reply. Reference was made in this regard on behalf of the applicant to the following cases:--