CHANDRA BOSS Vs. STATE OF U.P.

JUDGEMENT

(1.) With the consent of learned counsel for the parties, I have proceeded to decide the writ petition finally under the Rules of the Court on the basis of record available with this Court i.e. writ petition and affidavit of respondent no.1.

(2.) This writ petition is directed against order of suspension dated 27.8.2013 passed by Director General, Vikas Dal Evam Yuva Kalyan, U.P. at Lucknow, respondent no.1.

(3.) Sri Y.S.Saxena, learned counsel for the petitioner contended that the impugned order has been passed without any application of mind in a most arbitrary and illegal manner, inasmuch as, the immediate superior officers of petitioner did not relieve him to participate in the meeting convened by respondent at Lucknow on the ground that there was an official function at Badaun, which was to be presided by Chief Minister himself and petitioner was assigned duty in the said official programme at Badaun and this fact was also reported by immediate superior officers to the respondent no.1 yet respondent no.1 has taken absence of petitioner at Lucknow to be a deliberate, intentional defiance and act of indiscipline, as a result whereof, impugned order of suspension has been passed though petitioner was not at all responsible for such absence as he was already assigned official duty at Badaun by superior officer, who did not relieve him and, therefore, impugned order is patently illegal, showing non application of mind on the part of respondent no.1.