RAMESH CHAND SAINI Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The main issue raised in this petition relates to the legality of the order of suspension dated 4.2.1991 passed by the Chief Administrator, Haryana Urban Development Authority (here-after described as HUDA). An ancillary issue raised is whether the petitioner could be kept under suspension for more than five years without any enquiry.

(2.) The petitioner was engaged as a daily wage Clerk in the service of HUDA in the year, 1985. After he had served for about six years, the Chief Administrator passed order dated 4.2.1991 and ordered suspension of the petitioner. On the basis of the directions given by the Chief Administrator, HUDA, the Estate Officer passed order, annexure P-3, and relieved the petitioner from his place of posting and directed him to report for duty in the office of the Secretary, HUDA.

(3.) After having remained under suspension for a period of over one year and seven months, the petitioner instituted this petition and prayed for quashing the order of suspension and for issue of a direction to the respondents to reinstate him in service. His contention is that there is no reason or justification for passing of the order of suspension and this is fortified from the fact that for a period of over one year and six months, even the charge-sheet has not been issued by the competent authority.