P W KELKAR Vs. STATE OF M P

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the Constitution, the petitioner prayes for issuance of writs of certiorari/Mandamus for setting aside the order of his suspension dated 17-1-1996, as contained in Annexure-P/7 and restraining the respondents from taking any prejudicial action against the petitioner on the basis of declaration made by the respondent No. 2/Deputy Chief Minister on the floor of Vidhan Sabha.

(2.) The grievance of the petitioner is that he has been suspended from service on account of the declaration made by the respondent No. 2/Deputy Chief Minister of the State on the floor of the Vidhan Sabha dated 28-11- 1995 without any application of mind and holding any preliminary enquiry into the allegations.

(3.) The case of the petitioner, who holds the office of the Executive Director (Projects) in the establishment of the respondent No. 4/M.P. State Co-operative Oil Seeds Growers Federation Limited, Bhopal, was given additional charge of Managing Director, Regional Soyabean Producers Cooperative Unit during the period July 1992 to September 1993. The Farmer member of the Union were required to make purchases for themselves, for which the Union Society advises rates of purchase. It is the settled practice of the Farmers-Union to make purchases of various items at the rates approved by the Federation at its Head Office at Bhopal and also from the same person invariably whose rates have been approved. During the period when the petitioner was holding the additional charge of Managing Director, Regional Soyabean Producers Co-operative Union, he was required to approve the rates for purchase of Tarpaulinses. A circular was issued by the Federation on 9-10-1*92 to the Executive Director (Projects) and the Managing Director of Regional Soyabean Producers Co-operative Union for procurement of Soyabean, wherein it was stated that agreement should be made for purchage of varioous items including Tarpaulins, etc. It was further stated that the Union may approve the rates for the purchases as per the rates approved by the Federation. Pursuant to the circular of the Federation dated 9-10-1992, the petitioner obtained the rates from the trader of Tarpaulins was which had already been approved by the Federation. The petitioner negotiated with the traders for further reduction of rates The negotiated rates with the traders were lower than the rates already approved by the Federation and the same were recommended by the petitioner for purchase by the Primary Societies for sale to the Farmers.