JUDGMENT S.K.Mookerji, J. - I have heard learned counsel for the-petitioner and also learned Standing Counsel. 2. This case can be disposed of at the stage of admission itself. 3. By this writ petition, the validity of the older dated 21.8.1990 passed by the respondent No. 2 has been questioned. By the impugned order, the petitioner has been suspended. By the same order, Tahsildar has been made in Enquiry Officer and he has also been directed to prepare copies of the charge-sheet, which should be sent to the respondent No. 2 within 15 days so that necessary approval may be taken for commencing enquiry. Learned counsel has submitted three points which are as under: (i) That Tahsildar and respondent No. 2 had inspected the site together and, therefore, an enquiry by the Tahsildar will be meaningless. (ii) That the respondent No. 2 in his impugned order has almost recorded a finding against the petitioner, and, therefore, a subordinate officer like Tahsildar, shall not be able to do fair justice to the petitioner. (iii) Then even if, the contents (Annexure 2' to the writ petition) are taken as a preliminary enquiry, the observations made therein shall normally prejudice the petitioner, but in fact, there is neither any enquiry pending nor any enquiry contemplated against the petitioner. 4. The above points raised by the learned counsel for the petitioner require serious deliberation, which depends on large number of facts and also orders on record. It would be necessary to find out from the record of this case whether there was any enquiry contemplated against the petitioner. No doubt, the petitioner has been suspended, but if the above facts are found to be correct, then suspension order cannot be allowed to stand. On the basis of materials on record, it is not possible to finally decide this matter and, therefore, I direct the petitioner to approach the Collector, Farrukhabad, by an application together with a certified copy of the order passed by this Court today and raise all the points therein. The petitioner may make the application within a week from today. In case, the application is made within a week, the respondent No. 1, Collector, Farrukhabad, is directed to decide the said application on merits and in accordance with law within a period of two weeks from today.
The petitioner may make the application within a week from today. In case, the application is made within a week, the respondent No. 1, Collector, Farrukhabad, is directed to decide the said application on merits and in accordance with law within a period of two weeks from today. It is made clear that the observations made in this order shall command all respect from the respondents and they should comply with the observations made in this judgment. 5. For a period of three weeks from today., the operation of the impugned order (Annexure 2' to the writ petition) shall remain suspended. 6. It is hoped that before three weeks, the matter shall be disposed of finally by the respondent No. 1 (Collector, Farrukhabad). 7. With the above observations, this writ petition is disposed of.