Point of Law: Suspension order - Disciplinary authority could have recorded its satisfaction while passing order of suspension against an employee of State Government - It is evident that order does not contain satisfaction to arrive at conclusion that charges levelled against petitioner is sufficient to impose major penalty

JUDGMENT :

IRSHAD ALI, J.

1. Heard Shri S.K. Kalia, learned Senior Advocate assisted by Shri Sameer Kalia and Shri C.D. Chatterji, learned Additional Chief Standing Counsel for the State Shri Alok Sharma.

2. By means of the present writ petition the petitioner is challenging an order of suspension dated 21.5.2021 passed by the respondent no. 1 with the further prayer for issuance of writ of mandamus commanding respondents not to give effect the impugned order dated 21.5.2021 with the further prayer to allow the petitioner to work and function on the post of Joint Commissioner (SIB), Bulandshahar and also pay him regular salary as and when the same became due.

3. Brief facts of the case are as under:-

“The petitioner was initially appointed on the post of Assistant Commissioner Sales Tax under the respondent no. 2 on 29.9.1998 after having been selected for the said post by the U.P. Public Service Commission. Subsequently, on account of his excellent services, the petitioner was promoted on the post of Deputy Commissioner in the year 2009 and thereafter again in the year 2015, he was promoted on the post of Joint Commissioner Commercial Tax which post he presently holds.

In the month of July 2019 the petitioner was transferred from the Headquarters at Lucknow to District-Bulandshahr wherein he joined and started functioning as Joint Commissioner, Commercial Tax (SIB), Bulandshahr.

On 26.3.2021 The State Election Commission notified the Three Level Panchayat Elections 2021 to be held in the State of Uttar Pradesh. Prior to that on 25.3.2021, the District Election Officer Bulandshahr/District Magistrate appointed the petitioner as Returning Officer for Development Block-Sikandrabad, District-Bulandshahr. On being appointed so, the petitioner on 27.3.2021 issued public notice of election scheduled for the post of Gram Pradhan, Member Gram Panchayat, Member Kshetra Panchayat and lastly Member Zila Panchayat.

Subsequently, the District Election Officer (Panchayat)/District Magistrate Bulandshahr amended its earlier order dated 25.3.2021 and appointed the petitioner as Returning Officer for Development Block-Khurja in place of Development Block-Sikandarabad.

As directed by the District Magistrate Bulandshahr the petitioner took charge of the post of Returning Officer, Development Block-Khurja and conducted the entire election process starting from the submission of nomination papers till the counting of votes and declaration of results (except for the Member Zila Panchayat), as per the notified election schedule, with utmost sincerity and transparency. The polling of votes took place on 29.4.2021 at all the polling booths of Development Block-Khurja and during which no untoward incident took place and the polling was got conducted in a peaceful and organized manner.

On 2.5.2021 at 08:00 AM the counting of vote commenced under the direction and supervision of the petitioner at Jatiya Bal Vihar Inter College, Khurja which is situated in the said development block Khurja. At around 05:00 PM on 3.5.2021 the counting of votes got concluded under the control and supervision of the petitioner. Subsequently, the petitioner declared the result of the concerned posts of Gram Pradhan, Member Gram Panchayat and Member Kshetra Panchayat and also handed over the prescribed certificate to the returned candidates. After conclusion of counting of votes at 05:00 PM and declaration of result of the aforesaid 03 posts the petitioner and the polling team secured all the necessary documents and completed all the formalities, which took some time and only at around 06:30 PM the petitioner along with his team proceeded to District Headquarters. Before the petitioner could reach the District Headquarters with his team the Additional District Magistrate (Administration)/Deputy Election Officer Panchayat, Bulandshahar contacted the petitioner on his mobile no. 7235001008 and directed the petitioner to return to the place where the counting took place as some dispute ha