DURGA PRASAD Vs. STATE OF U. P.

JUDGEMENT

(1.) The petitioner is a Senior Clerk in the employ of the Nagar Palika Parishad, Siswa Bazar, District Maharajganj. He was appointed to a Class-III post in the regular cadre on 22/2/1989 in accordance with rules. A complaint was lodged by one Shesh Nath, a resident of Senani Nagar, Ward No. 12, Nagar Palika Parishad, Siswa Bazar, District Maharajganj with the District Magistrate, Maharajganj on 13/2/2023, where the crux of the allegation was that the civil work, that had already been done, was re-advertised by the President and the Executive Officer of the Nagar Palika Parishad for a fresh contract through e-tendering. The District Magistrate, Maharajganj directed an inquiry to be made into the complaint by a Committee comprising the Sub Divisional Magistrate, Nichlaul, Maharajganj and the Executive Engineer, Jal Nigam (Rural). This was apparently a preliminary inquiry ordered by the District Magistrate into the complaint aforesaid. The Committee comprising the Sub Divisional Magistrate and the Executive Engineer submitted an inquiry report dtd. 16/2/2023 to the District Magistrate, Maharajganj. The District Magistrate, on the basis of the aforesaid inquiry report, addressed a memo dtd. 17/2/2023 to the Principal Secretary, Government of U.P. in the Department of Urban Development, saying that the report dtd. 27/1/2023 submitted by the Committee constituted by him showed that the Senior Clerk (the petitioner here), the Executive Officer, the President and the Junior Engineer (P.W.D.) advertised civil works that had already been done, inviting e-tenders for the purpose, which constitutes financial irregularity, and that the e-tender publication was in violation of para No. 6 of Government Order No. 1319/ukS-9/21/45 t21 dtd. 30/6/2021. It was said to be in violation of the aforesaid Government Order because it constituted a violation of the directions carried in paragraph No. 6, which would be observed in the matter of process of accepting tenders. The letter also reported that the Collector on his part had directed the cancellation of those tenders. The memo dtd. 17/2/2023 addressed to the Government said that vide Office Memo No. 2855-LBA-2022-23 dtd. 28/6/2022, Office Memo No. 778-LBA-2022-23 dtd. 14/11/2022 and Office Memo No. 282-LBA-2022-23 dtd. 19/12/2022, a letter had been issued for holding disciplinary proceedings against the President, Nagar Palika Parishad for violation of rules that he committed, besides irregularities, and proceedings on the basis of said letter were pending. The District Magistrate finally reported to the Principal Secretary that on the basis of the preliminary inquiry report submitted by the Committee constituted by him, he was recommending initiation of disciplinary proceedings against the Executive Officer, the petitioner and the President of the Nagar Palika Parishad. It was also said that a copy of the preliminary inquiry report submitted by the Committee was enclosed.

(2.) In response to Memo No. 384-LBA-2022-23 dtd. 17/2/2023, last mentioned, addressed to the Principal Secretary, the Special Secretary to the Government in the Department of Urban Development addressed Memo No. 838/ ukS-6-23 dtd. 16/5/2023, saying that the petitioner was a Senior Clerk belonging to the Non-Centralized Service. His Appointing Authority was the Executive Officer/President of the Nagar Palika Parishad. The Special Secretary, therefore, said in his letter that he had been directed to say that the Appointing Authority should be directed to initiate disciplinary proceedings against the petitioner and the Government informed about the proceedings taken. A copy of the aforesaid memo dtd. 16/5/2023 issued by the Special Secretary addressed to the District Magistrate, Maharajganj was marked to the Executive Officer of the Nagar Palika Parishad with instructions that the Secretary be informed about steps taken in the matter at the earliest.

(3.) Acting on the aforesaid direction by the State Government carried in the memo dtd. 16/5/2023, the President of the Nagar Palika Parishad proceeded to pass the impugned order dtd. 30/5/2023, suspending the petitioner from service pending inquiry on the selfsame allegations that were reported by the Committee holding the preliminary inquiry. The President ordered that a departmental inquiry shall be held against the petitioner by a three-member Committee comprising the Executive Officer, functioning as its Chairman, besides two members, one being a Junior Engineer and the other, Ram Harsh Dube, the Corporator of Ward No. 18, Nagar Palika Parishad, Siswa Bazar, District Maharajganj.