Suspension of a government employee should only be imposed if the charges are serious enough to warrant a major penalty, as defined by the relevant disciplinary rules.

Irshad Ali, J.

Short counter affidavit filed today may be taken on record.

2. Heard Sri S.K. Kalia, learned Senior Advocate assisted by Sri Sameer Kalia, learned counsel for the petitioner and to the learned Additional Chief Standing Counsel on behalf of the respondents.

3. Factual matrix of the case is that Government of India floated a scheme known as National Mission for Sustainable Agriculture (N.M.S.A.) for testing of soil health and distribution of soil health cards.

4. The respondent No.2 and Nodal Officer of N.M.S.A. circulated the guidelines of the Government of India amongst the various Regional Joint Directors, Deputy Directors as wells as the Assistant Directors of Agriculture to be followed for selection of firms instituting to carry out the work of soil health testing etc.

5. The entire process of selection of firms, institutions was to be undertaken by the officers posted at district level. The petitioner was posted as Joint Director of Agriculture (Research and Soil Survey) at the head office of the Agriculture Department on 1.7.2017.

6. In pursuance to the directions/circular, the process of e-tendering for selection of firms to carry out the work of testing of soil health and uploading of date was completed in Meerut, Bareilly, Jhansi and Moradabad regions by the Regional Level Tender Committee by resorting to the process of tender and further the work orders had been issued by the concerned Assistant Directors of Agriculture.

7. On 26.9.2017, the respondent No.2 issued an order to all the Assistant Directors of Agriculture except the one posted at Bareilly, Meerut, Jhansi and Moradabad regions to the effect that the work of soil health testing may be taken from the firm selected through tender process in Meerut, Bareilly, Jhansi and Moradabad regions at the same rate on which they are doing the said work in their respective regions. It was clarified that the soil sample was required to be tested at the first phase positively on or before 31.10.2017.

8. The respondent No.2 again issued an order on 8.12.2017 to all the Regional Joint Directors, Deputy Directors as well as all Assistant Directors of the Department of Agriculture in the State of U.P. granting approval for taking work of testing of soil samples under N.M.S.A. on outsourcing basis for the second phase.

9. The Government of India issued guidelines on 22.1.2018 in respect of selection of firms on outsourcing basis under the aforesaid scheme. In compliance of the guidelines issued by the Government of India, the respondent No.2 issued a circular on 23.5.2018 to all the Regional Joint Directors, Deputy Directors as well as Assistant Directors of the Agriculture Department in the State of U.P. for implementation of the soil health card program under N.M.S.A. for the year 2018-19.

10. Under Clause 3.1.2 of the circular, it has clearly been stated that it is the responsibility of the concerned Assistant Directors and Joint Directors to conduct and get done the requisite e-tender process.

11. The petitioner under the direction of the respondent No.2, issued an order on 4.6.2018 to all the Deputy Directors as well as Assistant Directors of the Agriculture Department to the effect that in the region where process of e-tendering had not been completed, the same may be immediately stopped and further in the region where the process of e-tendering has been completed, the work orders may only be issued after taking approval from the head office.

12. In region Aligarh, prior to issuance of the order dated 4.6.2018, the process of e-tendering has been completed. The Assistant Director of Agriculture, Aligarh region forwarded the price quoted by the firms who had been found successful in the technical bid quoted by L-1 therein.

13. The petitioner put up the aforesaid file on 19.6.2018 relating to the e-tender process at Aligarh region before the respondent No.2, who accorded approval on 4.7.2018. Thereafter, the petitioner issued an order on 6.7.2018 to all the Deput