RAMESH SINGH Vs. U.P. CO

JUDGEMENT

(1.) Under order, dated 8-10-1984 passed by the General Manager (Administration) U.P. Co-operative Federation Ltd., Lucknow, the petitioner employed as Godown keeper was placed under , suspension pending departmental enquiry. The contention for the petitioner is that despite more than two years have passed by, no charge sheet has been served upon him nor is any criminal proceeding pending any criminal court Our attention has been invited in this case to the provisions of Regulation 85 of U.P. Cooperative Societies Employees Service Regulation 1975 which seem to envisage the urgency of the matter before an order of suspension may be passed. Under our direction notice was served upon respondent Nos. 1 and 2 personally on 25th Oct., 1986. An affidavit of service has also been put in from the side of the petitioner. No counter affidavit has, however, been filed so far. Since considerable time has passed when the suspension order was made and no departmental proceeding was initiated so far, nor any criminal proceeding is pending against the petitioner, has hereby quash the order of suspension dated 8-10-1984 (Annexure-13) to the petition passed by respondent No. 2 without prejudice to the enquiry, if any against the petitioner. The writ petition is allowed with these observations. Petition dismissed.