GAYA PRASAD GAUTAM Vs. STATE OF U P

JUDGEMENT

(1.) D. S. Sinha, J. The petitioner, an employee of State of Uttar Pradesh, has been placed under suspension by the order dated 15th December, 1989 pending a con templated inquiry against his conduct; a copy of the said order is annexure-6 to the petition.

(2.) FEELING aggrieved by the order of suspension, the petitioner has approached this Court invoking its jurisdiction under Article 226 of the Constitution of India for quashing the same on the ground that the respondent No. 2 had no legal competence to pass the order.

(3.) IN the petition, the Government order dated 2nd November, 1989, is an nexed as annexure-1. A perusal of this order leaves no room for doubt that the power of suspension exercisable by the Governor as an appointing authority has been delegated to the Ayukta, Gramya Vikas Evam Panchayati Raj Nideshalaya, Uttar Pradesh, Lucknow, respondent No. 2. IN view of this delegation to and authorization of power of suspension, the respondent No. 2 was well with in its jurisdiction to suspend the petitioner by means of the impugned orderand the order can not be assailed for lack of legal competence. The submission to the contrary on behalf of the petitioner, there fore, fails and is rejected.