Markandey Prasad Gupta vs State Of Uttarakhand And Others

Pankaj Purohit, J

The petitioner is challenging the suspension order dated 06.12.2023 (Annexure-1 to the writ petition). Since, the main ground of challenge raised by the petitioner is that he has been placed under suspension without any contemplation or pendency of the inquiry and accordingly the same is bad and contrary to the Uttarakhand Government Servant (Discipline and Appeal) Rules, 2003 as amended by Amendment Rules, 2010.

On the last date, learned State Counsel was directed to seek instructions, as to whether contention as made by the petitioner in the writ petition, that without any inquiry being contemplated, he has been placed under suspension. Today, the learned State Counsel has passed on the instruction received, which are taken on record.

From the instructions supplied to this Court, it is reflected that the petitioner has been issued a charge-sheet on 08.12.2023 in respect of as many as four charges against him. From going through the charge-sheet, it appears that there are serious allegations against the petitioner and the veracity of those charges could only be determined after the conclusion of inquiry by the department.

In such view of the matter, this Court does not find any reason to interfere with the suspension order dated 06.12.2023 impugned in the writ petition. However, the respondent competent authority is directed to conclude the inquiry within a period of three months from the date of production of the certified copy of this order keeping in view this fact that the Government servant cannot be placed under suspension for a long.

With the above observation, the writ petition stands disposed-off accordingly.