PHOOL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner is class III employee working as a clerk with the Nagar Palika Parishad, Bijnor, service conditions are governed under the Uttar Pradesh Municipalities Act 1916 read with U.P. Municipal Board Servants (Inquiry, Punishment and Termination of Services) Rules, 1960 (hereinafter referred to as '1960 Rules')

(2.) By means of this writ petition, the petitioner has challenged the complaint dated 27.05.2014 made by the respondent no. 3/4, Executive Officer, Nagar Palika Parishad, Bijnor, approval dated 29.05.2014 granted by the President, Nagar Palika Parishad and the consequential order of suspension dated 02.06.2014 passed by respondent no. 3.

(3.) Submission of learned counsel for the petitioner is that the suspension order is a malafide exercise of power in order to punish the petitioner, is wholly without jurisdiction as the appointing authority of the petitioner is the Municipality and not the President, the order is without application of mind as the President has merely countersigned the complaint lodged by the Executive Officer against the petitioner. The order nowhere states that enquiry is either pending or contemplated, and finally the allegations, if accepted as correct, are not serious to warrant the imposition of major penalty.