RANPAL SINGH Vs. STATE OF UP

JUDGEMENT

(1.) Heard Sri R. C. Gupta, learned Counsel for the petitioner and Sri Siddharth for respondent No. 2 as well as Sri Maya Shanker Srivastava holding brief of Addl. Solicitor General of India for respondent No. 3.

(2.) By this petition, the petitioner has challenged the order dated 28.2.2008. passed by Managing Director, Uttar Pradesh Sahkari Avas Sangh Ltd.. Lucknow whereby while working on the post of Assistant Accountant at Ghaziabad Branch of the U. P. Sahkari Avas Sangh, he was placed under suspension with immediate effect in purported exercise of power under Regulation 85 of Uttar Pradesh Co-operative Societies Employees Service Regulation, 1975 by respondent No 2. Vide Misc. Application No. 23030 of 2009 further relief of staying the disciplinary inquiry initiated by respondents No. 2 and 3 and staying of show-cause notice dated 28.11.2008 issued by concerned respondent have also been sought for.

(3.) The brief facts leading to the case are that the petitioner was appointed as Assistant/Cashier in U. P. Sahkari Avas Sangh Ltd. and posted at Agra on 1.5.1987, after serving sometime at Agra he was transferred to several places during his service career and" on 28.5.2005 he was posted as Assistant Accountant at Ghaziabad Branch of Uttar Pradesh Sahkari Avas Sangh Ltd. While he was serving at Ghaziabad Branch, on a complaint made by Pyare Lal on 24.1.2008 a preliminary inquiry was held by Sri Om Prakash, Assistant General Manager of Ghaziabad Branch thereupon he was placed under suspension and further disciplinary inquiry was initiated against him. In pursuant thereto a charge-sheet dated 1.8 2008 was served upon him. The petitioner had challenged the disciplinary inquiry initiated against him by filing Writ Petition No 66243 of 2008 before this Court but same was dismissed as withdrawn with liberty to challenge the same in the instant writ petition consequently the petitioner has moved the M.A. No. 23030 of 2009, challenging the said disciplinary inquiry initiated against him.