IKSHA SHANKER TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) BY the order im ­pugned herein the petitioner has been placed under suspension by the Assistant Commissioner (Khadya Evam Rasad), Gorakhpur Division, Gorakhpur. The suspension has been ordered, inter alia, on the charge of the petitioner being in con ­nivance with black marketeers and his consequential failure to take effective ac ­tion against them. Legality of the im ­pugned order has been challenged on two distinct grounds. Firstly, that the authority which passed the impugned order of suspension was not competent to order suspension of the petitioner and secondly, that the order suffers from the vice of mala fide.

(2.) IN the short counter -affidavit filed by Sri R. K. Dwivedi, Assistant Food Com ­missioner, Gorakhpur Division, Gorakhpur it has been alleged that the Commissioner, Food and Civil Supplies, U.P. Lucknow has passed a general order dated 13th August, 1997 by which a limited power to suspend a Supply Inspector has been delegated to the Assistant Commis ­sioner, Food and Civil Supplies, U.P. sub ­ject to the condition that suspension would be ordered only when the charges are so grave in nature that the delinquent will likely be dismissed removed from ser ­vice ; and the approval of the Food Com ­missioner is obtained within a week. Relevant part of the General Order dated 13 -8 -1997 (Annexure -S.C.A. 1) is quoted below : 3TW.1997 ct, |4c||g) 2. it N

(3.) TT it Rn