STATE OF U.P. Vs. CHANDRA BOSE

JUDGEMENT

(1.) The Special Appeal by the State arises from the judgment and order of the learned Single Judge dated 17 December 2013.

(2.) The first respondent was posted as the District Youth Welfare Officer, Budaun. On 22 August 2013, the Director General, Provincial Rakshak Dal addressed a communication to all the District Collectors stating that on 26 August 2013 a review meeting had been convened by the Minister for Youth Welfare and Sports Affairs, Government of U.P. at Lucknow for conducting a review of welfare activities. The meeting was to be attended by all the District Youth Welfare Officers. On 24 August 2013, the Chief Development Officer, Budaun addressed a letter to the Director General stating that the first respondent would not be able to attend the meeting on 26 August 2013 since during the period between 20 August to 26 August 2013, he had been assigned duties in connection with the distribution of laptops by the State Government. In his place, Gopal Ram, Physical Instructor was assigned the duty of attending the meeting at Lucknow. The meeting at Lucknow was attended by Gopal Ram on 26 August 2013. At the meeting, Gopal Ram was not able to satisfactorily explain the progress of the programme undertaken at Budaun. The first respondent was suspended from service on 27 August 2013. The order of suspension stated that the first respondent had deliberately and willfully failed to remain present in the meeting on 26 August 2013 chaired by the Minister and that the person who had been deputed to attend the meeting had not been provided with adequate information to make a presentation at the meeting. A charge sheet has since been served on 26 September 2013 whereby the first article of charge is the absence of the first respondent at the meeting on 26 August 2013.

(3.) On these facts the first respondent filed a writ petition challenging the order of suspension. When the petition came up before the learned Single Judge, an interim order was passed on 6 December 2013 wherein the submission of the first respondent was recorded that he had been assigned the duty of attending the distribution of laptops by the Chief Minister on 26 August 2013 and he was not relieved by his superior officers to attend the meeting at Lucknow which fact was duly communicated to the Director General in spite of which he was suspended from the service. At that stage, time was granted to file a counter affidavit and the Director General was directed to appear in Court to explain how the first respondent could have left the Head Quarter at Budaun when he was not relieved by his superior officers on the ground that he has been assigned duties in connection with the distribution of laptops by the Chief Minister. An affidavit was, accordingly, filed before the learned Single Judge by the Director General, Ram Singh. In paragraph 6 of the affidavit, it was specifically stated that the order for suspending the first respondent was issued on the directions of the Minister. Since the Director General was present, he informed the Court that he had issued the order of suspension under the directions of the Minister.