SHAMBHU SARAN MISHRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD Shri S.K. Mandal, the learned counsel for the petitioner and Shri P.C. Bisht, the learned Brief Holder for the respondents.

(2.) THE petitioner has challenged the suspension order dated 5th September, 2009 passed by the Secretary, Department of Horticulture, Civil Secretariat, Dehradun. A perusal of the suspension order indicates that the petitioner has been suspended on account of submitting a feasibility report which he was not authorized to do so, and that, based on this feasibility report, certain farmers obtained a loan from the Bank which amount was handed over by the Bank to a N.G.O., in which, it is alleged, that the petitioner had some association with the N.G.O. and thereby had played a fraud upon the farmers. The petitioner in the writ petition has categorically stated that he has nothing to do with this N.G.O. nor was involved in the process of the loan being obtained by the farmers from the Bank.

(3.) THE respondents in their counter affidavit have only stated that a preliminary inquiry was made in which the petitioner was prima -facie found to be guilty for submitting a feasibility report which he was not authorized to do so. The respondents have further stated in paragraph 38 of the counter affidavit that the petitioner has been served with the chargesheet dated 25th September, 2009 and, upon receipt of the explanation, an Inquiry Officer if necessary, would be appointed.