LAXMI NARAYAN KHARE Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed challenging the order dated 6.12.2013 by means of which the petitioner has been restrained from functioning on the post of Upper Mukhya Adhikari (Additional Chief Officer), Zila Panchayat, Fatehpur relying upon the Government Order dated 4.1.2001.

(2.) FACTS giving rise to the present petition are that the petitioner was promoted to the post of Upper Mukhya Adhikari in the year 1997. While he was posted in Allahabad, a frivolous complaint was moved against him by the then Chairman in the year 2012. Enquiry was instituted in pursuance to the direction of the Government against the petitioner. During pendency of the enquiry, the petitioner was transferred on 31.7.2012 to District Fatehpur. On 31.12.2012, the Chief Development Officer, Allahabad submitted report in favour of the petitioner exonerating him and also indicated in the said report that on account of personal differences, the said complaint was made. The petitioner has been exonerated from all the charges. In the meantime, the petitioner filed Writ Petition No.240 (SB) of 2013 for being promoted to the post of Deputy Director. On 22.2.2013, this Court passed an order providing therein that the respondents may proceed with the selection in regard to the post of Deputy Director and that shall be done strictly in accordance with Rule 5 of the Uttar Pradesh Zila Panchayat Monitoring Cell Gazetted Officers' Service Rules, 2004 (for short "the Rules"). The representation of the petitioner dated 15.2.2013 was also directed to be disposed of by the competent authority in the meantime. The petitioner served copy of the order dated 22.2.2013 upon the opposite party but when no action was taken, the petitioner proceeded to file Contempt Petition No.1328 of 2013 before this Court and notices were issued to the Principal Secretary, Panchayati Raj. In the said contempt petition, impleadment application was allowed and learned Standing Counsel was directed to seek instructions in the matter or file an affidavit to show to the Court as to how provisions of Rule 5 of the Rules have been followed. As a result of the above order for impleading opposite party no.1 as party in the contempt proceedings, opposite party no.1 proceeded to reopen the enquiry on the complaint made against the petitioner by the Chairman, Zila Panchayat, Allahabad. Apart from the said enquiry, which was ordered, two other enquiries have been instituted at the instance of the Principal Secretary, who has ordered to initiate two enquiries on the basis of the complaint made by the Chairman, Zila Panchayat, Allahabad. In the meantime, the petitioner was transferred from the post of Upper Mukhya Adhikari, Zila Panchayat, Fatehpur to Upper Mukhya Adhikari, Zila Panchayat, Rampur by means of order dated 20.8.2013. Against the said transfer order, the petitioner filed Writ Petition No.1385 (SB) of 2013. As soon as copy of the writ petition challenging the transfer order was served upon the learned Standing Counsel, the petitioner was placed under suspension vide order dated 5.9.2013. The petitioner challenged the suspension order by means of Writ Petition No.1387 (SB) of 2013. The Court took up both the writ petitions i.e. against the transfer order and against the suspension order and passed an interim order on 12.9.2013 staying the transfer order as well as the suspension order. Copy of the interim order dated 12.9.2013 was served upon the opposite parties through registered post. Thereafter, the petitioner joined on 16.9.2013 on the post of Upper Mukhya Adhikari, Zila Panchayat, Fatehpur but he was not permitted to work. The State Government after receiving the copy of the interim order passed in both the writ petitions, put the orders of the transfer as well as the suspension in abeyance.

(3.) THE Chief Development Officer finally gave charge to the petitioner by means of charge certificate dated 3.10.2013 and an order was also passed by the Chief Development Officer being the Chief Officer of the Zila Panchayat authorizing the petitioner to work along with the Chairman, Zila Panchayat, Fatehpur with regard to operation of the accounts of Zila Nidhi and pension. The Chairman of the Zila Panchayat passed an order on 7.10.2013 directing all the employees of the Zila Panchayat, Fatehpur that henceforth all the files would be routed through Sri K.M. Tiwari, Upper Mukhya Adhikari, who was given officiating charge. The Chief Development Officer also wrote a letter on 7.10.2013 asking for clarification that one Mr. K. M. Tiwari, Upper Mukhya Adhikari, was attached to District Fatehpur on temporary basis. The Chairman released a press note by means of which he stated that Sri K. M. Tiwari was given the charge of Upper Mukhya Adhikari and the transfer of the petitioner though has been stayed but no mention was made about the interim order passed by this Court. He also stated that till specific orders are not received from the State Government, Sri K. M. Tiwari would continue to discharge his duties as Upper Mukhya Adhikari.