RAJESH KUMAR UPADHYAY Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner was the Food Marketing Officer, Bahraich. He has been suspended in contemplation of a departmental inquiry by the impugned order dated 28.4.2009 (Annexure 1 to this writ petition). A copy of the charge sheet has been produced before us by the learned standing counsel. THE charge sheet lists three charges against the petitioner. In substance, the allegation against the petitioner is that he failed to ensure supply of gunny bags to the Purchase Centres in his territory, as a result of which, the Purchase Centres could not become operational till 11.4.2009 for purchasing the wheat from the farmers at the support price. Because for the first eleven days of the purchase season beginning from 1.4.2009, the Purchase Centres could not become operational, therefore, the middle men got an opportunity to operate and the government policy of ensuring support price to the farmers was hampered. THE charge is also that although on 1.4.2009, 281 bales of gunny bags amounting to 1,40,500 gunny bags were available in the district, which were sufficient for procurement of the wheat during the initial period, but the petitioner failed to make these bags available to the Purchase Centres/Purchase Agencies, because of which the purchase of wheat could not commence till 11.4.2009. THE petitioner has relied upon certain letters allegedly written to him by the Purchase Centres that they had certain number of gunny bags and that they would inform when those bags got exhausted. Prima facie in implementation of such policies, waiting for the stock to exhaust before supplying more stocks of gunny bags does not appear to be a wise decision. However, we are not inclined to enter into questions of fact and to take up the job of the Enquiry Officer that too without evidence being led at the departmental inquiry. We, therefore, decline to interfere with the suspension order, but we direct that the departmental inquiry in contemplation of which the petitioner has been suspended will be completed by the respondents within three months from today. THE petitioner will have three weeks from today to file his reply to the charge sheet. THE observations made above will not influence the mind of the Enquiry Officer or the Disciplinary Authority. THE writ petition is disposed of as above.