RAJ VEER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS matter has been placed before us by way of an order of the Hon'ble Chief Justice nominating the Bench.

(2.) PETITIONER is employed as Assistant Director (Toxicology) Forensic Science Laboratory, Agra. In a 'telecast by television news channel 'Star News' under the caption 'Kanoon Ke Killer' the petitioner was shown as stating that he can temper the forensic report on payment of illegal gratification. The petitioner was initially restrained from discharging his duties vide order dated 18.08.2007 passed by the Joint Director, Vidhi Vigyan Prayogshala Uttar Pradesh, Agra. Feeling aggrieved by the order so passed, the petitioner filed Writ Petition No. 40102 of 2007. This Court required the Standing Counsel to file a counter affidavit.

(3.) COUNSEL for the petitioner clarifies that the inquiry referred to in Rule 49-A of the C.C.A. Rules is a formal departmental inquiry and not a fact finding inquiry which usually proceeds the formal inquiry. An inquiry by the vigilance department can be material for the purposes of taking criminal action against the petitioner but the same is totally foreign to the concept of departmental inquiry as contemplated by Rule 49-A of the C.C.A. Rules and, therefore, in contemplation of an inquiry by vigilance department, the State Government is not justified in exercising the power under Section 49A of the C.C.A. Rules to suspend the petitioner.