KAMAL NAYAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) By the Court.--Heard Shri Umesh Narain Sharma, learned Counsel for the Petitioner. The State is represented by the Standing Counsel.

(2.) The Petitioner was serving as Regional Food Officer/incharge District Supply Officer, Gorakhpur. He has been placed under suspension by the Commissioner, Food and Civil Supplies, U.P. Lucknow by the order dated 8.12.2010, giving rise to this writ petition, for quashing the suspension order and for a writ of mandamus not to give effect to the suspension order, received by the Petitioner on 12.12.2010.

(3.) The substance of allegations against the Petitioner, on which he has been suspended, are that in between April, 2009 to April, 2010 the State Government allocated 3240 kilo litres of kerosene oil to District Gorakhpur, in addition to the allocations already made for the district. The Petitioner, instead of distributing the kerosene oil in all the seven Tehsils, allotted the additional quota only in four Tehsils. He made allocations only to four whole sale dealers as against 16 in the district. The kerosene oil was distributed without verifying the previous distribution; the arrivals in the stocks of the whole sale dealers; and in making allocations to the whole sale dealers of oil companies beyond their storage capacity, thereby misusing the allocation and in not keeping effective control over the subordinate staff of his office, committing gross irregularities in discharging his duties.