IMPORTANT POINT
Suspension without a charge-sheet violates procedural rights, and punitive transfers during suspension are impermissible under the applicable rules.

JUDGMENT :

(Ravindra V. Ghuge, J.) :

1. Rule. Rule made returnable forthwith and heard finally by consent of the learned Advocates for the respective sides.

2. The Petitioner has put forth prayer clause (B), which reads as under :-

(B) By issuing a writ of certiorari, orders, directions or any other appropriate writ in like nature, the impugned order dated 01.01.2024, thereby placing the petitioner under suspension, issued by Chief Executive Officer, Zilla Parishad, Chhatrapati Sambhajinagar, may kindly be quashed and set aside.”

3. We have considered the submissions of the learned Advocates for the respective sides. With their assistance, we have gone through the Petition paper book.

4. The Petitioner submits that the Zilla Parishad’s Senior Officials are anti-pathetic towards the Petitioner on account of the Petitioner being a Union leader and having lodged complaints about certain lapses/irregularities. He has specifically put forth his contentions in paragraph Nos.6, 7 and 8 of the Petition Paper book, which read as under :-

“6. The petitioner states that since in the complaint made by the petitioner and the Sangh, in respect of irregularities in Administrative/Request transfers in General Transfer of 2023, there was substance, an enquiry committee was appointed, which in turn, submitted its report saying that there was irregularities and illegalities in the General Transfers of 2023 and, therefore, all the transfers orders were ordered to be cancelled vide order dated 5.12.2023 issued by Deputy Commissioner (Est.) Divisional Commissioner, Chhatrapati Sambhajinagar.

7. The petitioner states that the Deputy Commissioner vide communication dated 3.4.2024 addressed to Respondent No.3-Chief Executive Officer, informed that as the Divisional Commissioner has already ordered to take appropriate action against the erring officers, who were responsible for commission of irregularities in the General Transfer and since no action is taken against those erring officers, the Deputy Commissioner informed to take appropriate action and submit compliance report thereof. Hereto annexed and marked as EXHIBIT - B collectively are the copies of order dated 5.12.2023 and letter dated 3.4.2024, both issued by Deputy Commissioner (Est.) Divisional Commissioner, Chhatrapati Sambhajinagar.

8. The petitioner states that as aforesaid, the petitioner is an office bearer of said Sangh and sought an enquiry against the officials of Zilla Parishad, keeping grudge against the petitioner, District Health Officer, Zilla Parishad, Chhatrapati Sambhajinagar, under the influence of higher officials of ZP, issued show-cause notice dated 11/13-10-2023 against the petitioner, asking as to why appropriate action of suspension should not be taken against him and he was asked to submit his explanation and remain present for hearing, which he done. In the said show cause notice it was alleged that the petitioner while posted at Primary Health Centre at Kachner, Chhatrapati Sambhajinagar, his behavior with the patients was not proper and while distributing the medicines amongst the female patients, he misbehaved with them and such complaint was received by them. Hereto annexed and marked as EXHIBIT - C is a copy of show cause notice dated 11/13-10-2023 issued by Respondent No.4 to the petitioner.”.

5. The learned Advocate for the Respondent/Zilla Parishad, Chhatrapati Sambhajinagar has vehemently opposed this Writ Petition and submits that, a baseless cause of action is put forth and the Writ Petition deserves to be dismissed with exemplary costs.

6. He, therefore, submits that, suspension of the Petitioner, dated 01/01/2024, is strictly in accordance with the Rules. The very next date, on 02/01/2024, he was transferred out of the location from Kachner, Taluka and Dist. Chhatrapati Sambhajinagar, where he was suspended, to the Primary Health Centre at Borsar, Taluka Vaijapur, Dist. Chhatrapati Sambhajinagar. Since the Petitioner did not join at Borsar for the last more than se