Ganesh Lal vs State of Uttarakhand and another

Barin Ghosh, C.J.—We are unable on this writ petition to interfere with the suspension order, but having regard to the nature of allegations made, which appears to be based on an inquiry report, it appears to us that there is no just reason not to complete the disciplinary proceedings, in contemplation whereof the petitioner has been suspended, at an early date. We accordingly, dispose of the writ petition by directing the respondents to issue the charge-sheet within 15 days from today. Reply thereto be given within 15 days from the date of receipt thereof. In the event disciplinary authority is desirous to proceed with the disciplinary proceedings even after receipt of the reply to the charge-sheet, he is directed to appoint an Enquiry Officer, if he is not desirous to enquire, within 15 days from the date of receipt of the reply to the charge-sheet. The Enquiry Officer is directed to conclude the enquiry as quickly as possible but not later than 45 days from the date of serving notice of first sitting of enquiry upon the petitioner, which notice must be sent by him within three days from the date of his appointment. The disciplinary authority is given 30 more days time to conclude the disciplinary proceedings thereafter. It is made clear that in the event petitioner does not cooperate with the enquiry, it shall be open for the Enquiry Officer to proceed ex parte after giving one peremptory notice to the petitioner.