RAKESH BHUSHAN MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) This is a case which demonstrates how the power of suspension conferred under the rules can be misused by the nefarious and notorious Officers or those who do not understand their responsibility and statutory obligations. Petitioner was appointed as Gram Vikas Adhikari on 1.4.1989. It is not in dispute that the appointing authority of Gram Vikas Adhikari is District Panchayat Raj Officer (hereinafter referred to as "D.P.R.O."). Initially on the allegation that petitioner had not completed certain construction work, he was placed under suspension on 12.1.2009. The said order of suspension was revoked and the petitioner was reinstated by order dated 23.1.2009. The reinstatement order said that departmental enquiry shall continue. The said enquiry ultimately culminated in an order of exoneration as is evident from the order of January, 2010 (Annexure-10 to the counter-affidavit). In the meantime petitioner was again placed under suspension by order dated 9.2.2009 which was revoked on 3.3.2009 holding that petitioner has completed all the construction work and nothing wrong was found on his part. He was allowed the entire arrears of salary. Then a third order of suspension was passed on 27.8.2009 referring to the show cause notice dated 13.7.2009 observing, besides others, as under:

(2.) Respondents have filed their counter-affidavit wherein the copy of show cause notice dated 13.7.2009 referred to in the impugned order of suspension, has been filed as CA-9, and it reads as under:

(3.) Learned standing counsel submitted that petitioner has not been placed under suspension without any reason. There are certain acts and omissions constituting misconduct on account whereof he has been placed under suspension.