BHUNESHWAR SINGH Vs. DISTRICT ADMINISTRATE COMMITTEE, CO

JUDGEMENT

(1.) On 10th Feb., 1983, the Secretary Member of the District Administrative Committee Ballia, suspended the services of the petitioner in his capacity as the Secretary of the District Co-operative Bank. Charges were given to the petitioner. It appears, he submitted his reply. The Inquiry Officer, on 11th March, 1986 submitted a report to the Secretary/ Member of the District Administrative Committee. In this report he exonerated the petitioner on all counts. Thereafter on 11th Oct., 1986, the Secretary/ Member of the District Administrative Committee sent a communication to the petitioner stating therein that the petitioner should withdraw some criminal case instituted by him against some officer of the society and the order reinstating him in service will be passed only after the petitioner has done so.

(2.) A counter affidavit has been filed on behalf of the respondents and we have heard Sri R. N. Ojha, learned Counsel for the respondents, in opposition to this petition.

(3.) The District Administrative Committee is refraining from reinstating the petitioner as a Secretary on an extraneous consideration. The criminal proceedings launched by the Petitioner against some officers of the society have no rational connection with his reinstatement on his being exonerated of all the charges. It is to be remembered that the petitioner had not been suspended on the ground that he had initiated certain criminal proceedings. He had been placed under suspension on the ground of some misconduct. Moreover, the Secretary/Member of the District Administrative Committee acted illegally in coercing the petitioner to withdraw validly instituted judicial proceedings. This, in the circumstances, may amount to contempt of court in which the proceedings are pending.