ANIS AHMAD Vs. DISTRICT MAGISTRATE, JAUNPUR, AND OTHERS

JUDGEMENT

(1.) Anis Ahmad, the petitioner, was appointed Eakshi of the Town Area Committee Machli Shahr, district Jaunpur (hereinafter referred to as the Town Area Committee) on 6-3-1975 and he took charge of that office on 17-3-1975. On the enforcement of the U. P. Town Areas and Notified Areas Committee (Centralised) Service Rules, 1976 (hereinafter referred to as the Rules) from 1-7-1976 the services of Bakshis in the Town Areas of Uttar Pradesh were centralised and the petitioner became a member of that centralised service. In Aug., 1977 the elected Town Area Committee was superseded and the Sub-Divisional Magistrate, Machli Shahr was made in-charge of it. The petitioner was suspended by the District Magistrate, Jaunpur by an order dated 2-1-1978 and this order forms the subject-matter of challenge in this writ petition and the prayer is for the issue of a writ of certiorari calling for the record of the petitioners case and for the quashing of the aforesaid order.

(2.) The impugned order purports to have been passed by the District Magistrate, Jaunpur on the authority of a communication received by him from the Under-Secretary Swayatta Shasan Anubhag-1, Vidhan Bhawan, Lucknow Dated 23-12-1977. That letter was classified as 'Secret and Immediate and rendered in simple English it reads as under:-

(3.) Rule 39 of the Rules makes provision for disciplinary proceedings. Sub-rule (3) thereof, which is material for our purposes is as under:-