KHEM SINGH YADAV Vs. U P STATE

JUDGEMENT

(1.) A very short question is involved in this case as to whether under Rule 36 of Subordinate revenue Executive Services Naib Tehsildar Services Rules, 1944 a District Officer can suspend a Naib Tehsildar against whom enquiry has not yet started and was only alleged to be under contemplation. It seems that the Deputy Collector, Sales Tax, made certain complaints, four in number, against the petitioner and the District Magistrate i. e., the District Officer, it seems, was of the view that an enquiry may take place against the petitioner, that is why he ordered suspension of the petitioner because of the contemplated enquiry on those charges. A counter affidavit was filed by the State in which it has been stated that the petitioner has been served with a charge-sheet by the Board of Revenue. So far as the suspension is concerned it has been stated that the petitioner has been placed under suspension on the report of the Deputy Collector Sales Tax pending enquiry against him and the Collector was competent to pass the suspension order. It was further stated that the Collector after being satisfied with the report of the Deputy Collector Sales Tax passed suspension order against the petitioner pending enquiry. When the suspension order was passed no enquiry was pending or had started against the petitioner.

(2.) THE petitioner approached the U. P. Public Services Tribunal earlier which rejected the application of the petitioner for interim relief as well as the claim petition filed by him as not maintainable, whereafter he filed the present writ petition.