RAM AVTAR VAIDYA Vs. SACHIV, DISTRICT, CO.

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution of India is directed against tho order dated 29th Jan., 1981 suspending the petitioner pending an enquiry.

(2.) The petitioner was appointed as a Secretary of the Singhpole Sadhan Sahkari Society, District Banda. It is class 'C' society. On 25th Nov., 1980 the petitioner was transferred to Jaunpurs from Chilla. it appears that the petitioner did not comply with the order of transfer with the result the petitioner was suspended pending enquiry. It is to be noticed that the petitioner was suspended as for back in the year 1980 but no charge sheet has yet been served on him. Since considerable time has elapsed and respondents have not yet commenced the disciplinary proceedings, the petitioner cannot be allowed to remain under suspension. The petitioner has also given an undertaking that he would go to the place where he is directed to serve.

(3.) In view of above the order dated 29th Jan. 1981, is set aside, the petitioner shall now join either Jaspura or any other society where tho respondents direct him to servo.