Daya Nand Pathak vs State of U.P. and Others

The present appeal has been filed against the judgment and order dated 11th April 2011 passed by the learned single Judge wherein the order of suspension has been challenged.

We have heard Sri Ashok Khare, learned senior counsel assisted by Sri N.N. Mishra, for the Appellant and the learned standing counsel, who represents the Respondents and have perused the impugned judgment and order dated 11.04.2011 passed by the learned single Judge giving rise to the present appeal, the grounds taken in the memo of appeal and the documents filed along with it.

Learned Counsel for the Appellant submitted that the Appellant has been placed under suspension on the basis of the report submitted by the Lokayukt. Acting upon the report of the Lokayukt, the financial and administrative powers of the elected Chairman of the Nagar panchayat was ceased and the Chairman approached this Court by filing Writ Petition No. 66520 of 2010 wherein this Court vide interim order dated 12.11.2010 had stayed the seizure of the financial and administrative powers of the Chairman of the Nagar Panchayat. He thus submitted that in view of the order dated 12.11.2010 passed by this Court, the order of suspension passed against the Appellant should also be stayed as the subject matter of inquiry would be the same.

The submission is wholly misconceived.

The seizure of the financial and administrative powers of an elected Chairman of Nagar Panchayat has to comply all the statutory provisions. However, in the present case, while considering the validity of order of suspension, the only power available to the Court for judicial scrutiny is to see as to whether on the charges levelled against the delinquent employee if proved, the employee can be punished by a major penalty or not.

We have perused the order of suspension and find that the charges of grave financial irregularities and misappropriation have been alleged against the Appellant, which if proved would entail major penalty. Whether the charges are true or false, can only be gone into in the enquiry where the Appellant will have full opportunity to put forward his defence. However, in the interest of justice, we direct that the enquiry shall be completed within three months upon furnishing of a certified copy of this order. The Appellant shall also not take any adjournment and shall cooperate in the enquiry.

In view of the foregoing discussions, the appeal fails and is dismissed.