( 1 ) THE short and moot point for determination and consideration in the present petition is whether a Government servant can be placed under suspension pending departmental inquiry or in contemplation thereof by an order passed by an officer higher in rank than the appointing authority? The controversy has arisen in the wake of the following facts.

( 2 ) THE petitioner, who is a Boring Technician in the Department of Minor Irrigation and is posted at Vikas Khand, Virnao, district Ghazipur, has been placed under suspension in contemplation of departmental inquiry by order dated 21. 9. 2000 by the Superintending Engineer, minor Irrigation Circle, Allahabad. There is no dispute about the fact that the services of the petitioner are governed by U. P. Laghu Sinchai Boring Providhigya Sewa Niyamawali, 1993 (hereinafter referred to as the niyamawali) and in pursuance of Rule 3 (ka), the Executive engineer, (Adhishashi Abhiyanta) of concerned Mandal of the Minor Irrigation Department is the appointing authority.

( 3 ) IT is also an indubitable fact that the order of suspension dated 21. 9. 2000, a copy of which is annexure-1 to the petition, has been passed by Superintendi