Court No. - 22 Case :- SERVICE SINGLE No. - 5265 of 2010 Petitioner :- Dinesh Kumar Singh Respondent :- Regional Cane Service Authority Lucknow Petitioner Counsel :- D.K.Srivastava Respondent Counsel :- K.S.Pawar Hon'ble Satyendra Singh Chauhan,J.
Heard learned counsel for the parties.
The present petition has been filed challenging the suspension order dated
22.11.2008.
Learned counsel for the petitioner submits that the order has been passed by
an incompetent authority as the authority prescribed under the Regulation is
Regional Cane Service Authority and therefore, the suspension order is bad
in law.
Learned counsel for the opposite parties states that power of suspension has
been delegated to the Chairman and the Chairman has passed the suspension
order. He also states on the basis of instructions on record that the petitioner
is not cooperating in the enquiry and neither he has received suspension order
on account of which the suspension order was published in the newspaper.
Having heard learned counsel for the parties, I find that conduct of the
petitioner goes to indicate that he is not cooperating in the enquiry.
Therefore, he himself is responsible for delay of the enquiry proceedings. So
far the competence of the authority is concerned, power has been delegated to
the Chairman, therefore, I find no illegality in the suspension order.
The entire documents, which were required by the petitioner have been
supplied to him by the concerned authority, who is present in the Court,
during the course of the day.
The writ petition is devoid of merit. It is accordingly dismissed.
Order Date :- 4.8.2010
RBS/-