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Elam Das vs State Of Uttarakhand And Another

Uttarakhand High Court · Decided on 29 August 2024 · Citation: (2024) 08 UK CK 0090

HON’BLE JUDGES
Pankaj Purohit, J
ACTS & SECTIONS REFERRED
Uttarakhand Government Servant (Disciplinary And Appeals) Rules, 2003 — Rule 11
RESULT
Disposed Of
CASE NUMBER
Writ Petition (S/S) No. 1630 Of 2024
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Judgment

11 paragraphs · 334 words

Pankaj Purohit, J

1.

Heard learned counsel for the parties.

2.

Petitioner has moved this writ petition seeking indulgence of this Court for a direction to respondent No.1-Secretary, Urban Development Directorate, Uttarakhand to decide the Departmental Appeal of the petitioner dated 07.08.2023 filed under Rule 11 of the Uttarakhand Government Servant (Disciplinary and Appeals) Rules 2003 as amended up to date (hereinafter referred to as the Rules 2003) within a stipulated period.

3.

Petitioner was posted as Executive Officer and he retired on 31.03.2022 from Nagar Nigam Rishikesh. He was departmentally proceeded with, on the basis of certain allegation of some financial irregularities in purchasing of LED street lights, for the period during which he was posted in Nagar Palika Parishad Manglore in the year 2014-16.

4.

Vide order dated 14.07.2023, punishment was inflicted upon the petitioner and a sum of Rs.9,64,000/- was directed to be adjusted from the gratuity of the petitioner, as the petitioner has already retired on 31.03.2022.

5.

Feeling aggrieved by the aforesaid punishment order dated 14.07.2023, petitioner preferred an appeal under Rule 11 of the Rules 2003.

6.

It is contended by learned counsel for the petitioner that the appeal of the petitioner is pending consideration for the last more than 01 year, and therefore, he moved this writ petition for a direction to respondent No.1 to decide the appeal of the petitioner expeditiously.

7.

Learned counsel for the petitioner submits that a direction be issued to respondent No.1 to decide the Departmental Appeal preferred by the petitioner within a time bound manner.

8.

The prayer which has been made by learned counsel for the petitioner is not opposed by learned State Counsel.

9.

Accordingly, writ petition is disposed of finally. Respondent No.1 is directed to decide the Departmental Appeal of the petitioner dated 07.08.2023 filed under Rule 11 of the Rules 2003, within a period of 03 months from the date of production of certified copy of this order.

10.

Pending application, if any, also stands disposed of.