SHABIH HAIDER Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. S.K. Kalia, Senior Advocate, assisted by Mr. Sameer Kalia and Mr. Rajat Rajan Singh, learned Counsel for the petitioner, Mr. Sanjay Sarin, learned Standing Counsel for opposite party No.1 and Mr. Ram Raj, learned Counsel for the Meerut Development Authority, Meerut (opposite party Nos. 2 and 3).

(2.) The petitioner has approached this Court under Article 226 of the Constitution of India, questioning the validity and correctness of the order dated 28.8.2017 passed by the Principal Secretary, Department of Housing and Urban Planning, Government of U.P., Lucknow (opposite party No.1), whereby the petitioner who was working as Superintending Engineer (Civil) in the Meerut Development Authority, Meerut, has been placed under suspension in contemplation of disciplinary proceedings in pursuance to Rule-33 of U.P. Development Authority Centralized Services, 1985 read with U.P. Government Servant (Discipline and Appeal) Rules, 1999, inter alia on the ground that while working as Superintending Engineer in Meerut Development Authority, Meerut, he had prima facie committed irregularities in the work of shifting of Double Circuit 33 K.V. Electrical Line from Surajkund Try Junction to Mangal Pandey Nagar (Garh Road approach road) near Abu Nale.

(3.) According to the learned Counsel for the petitioner, as is evident from note-sheet dated 4.3.2015, a meeting was convened under the Chairmanship of Commissioner of Meerut Development Authority, Meerut with regard to shifting of Double Circuit 33 KV Electricity Line from Surajkund Try Junction to Mangal Pandey Nagar but the same was not approved due to certain reasons. Later, on 28.5.2015, a proposal was approved by the then Vice-Chairman of the Meerut Development Authority, Meerut (hereinafter referred as "the Development Authority") and other concerned officer with respect to shifting of Double Circuit 33 KV Electricity Line from Surajkund Try Junction to Mangal Pandey Nagar as it was causing hindrance in the construction of Cycle Track under Green U.P. Clean U.P. Scheme. The said work was to be done from the external development fund of the Development Authority for which a budget of Rs.2,73,17,750/- was approved and permission was granted for inviting tenders from the contractors.