KHAZAN SINGH Vs. SUB DIVISIONAL OFFICER ALIGARH

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution, Khazan Singh has challenged the validity of an orderdated 21st April, 1977, passed by the Sub-Divisional Officer, Koil, placing him under suspension.

(2.) THE petitioner was duly elected as Pradhan of Gaon Sabha Luhara in the year 1972. On the basis of certain information conveyed to the police, the Station Officer of Police "Station Lodha started investigating a case under Section 409, IPC, against the petitioner. He also submitted a report to the Sub- Divisional Officer requesting that during the pendency of the investigation the petitioner should be placed under suspension. Acting upon the aforesaid report of the Station Officer, the Sub-Divisional Officer, vide his order dated 21st April, 1977. placed the petitioner under suspension and appointed the Vikas Khand Adhikari as Enquiry Officer. He further directed that the Vikas Khand Adhikari should complete his enquiry and submit a report within 60 days.

(3.) THERE is nothing in the impugned order or in the counter affidavit filed on behalf of the respondents to indicate that the Sub-Divisional Officer, before making the order of suspension, took care to prima facie satisfy himself that the grounds, on which he was proposing to hold an inquiry under clause (g) against the petitioner, existed. As stated earlier, the affidavit indicates that the action was taken and an enquiry officer was appointed merely because the Station Officer had submitted a report that a case under section 409, IPC was being investigated against the petitioner. The action of the respondent suspending the petitioner, therefore, could not be justified for the first reason enumerated above.