Rakesh Kumar vs State of Uttarakhand and others

Barin Ghosh, C.J.—In contemplation of a disciplinary proceeding, appellant has been suspended. Law made by the State Government in relation to suspension, requires exercise of authority to suspend only when charges are grave in nature. In the order of suspension, therefore, the nature of the charges has been indicated in order to highlight that the same are grave in nature. Therefore, in so far as requirement of law for passing an order of suspension has been complied with. In the suspension order, however, it has been stated that the charge sheet has been prepared and the same has been handed over to the Enquiry Officer, who has been appointed as such by the order of suspension itself. This is not permissible in law and is diagonally opposite to what has been provided in the law governing the subject made by the State Government. In the writ petition the petitioner highlighted, amongst others, this aspect of the matter. The writ petition has been dismissed on the ground that the enquiry has already been initiated. The fact remains that enquiry can only be initiated in terms of the law made by State Government only after the charge sheet has been issued to the delinquent and not before that. The order of suspension impugned in the writ petition clearly indicates that the charge sheet has not yet been issued to the appellant giving him an opportunity to deal with the same, and accordingly, the finding recorded by the writ court that enquiry has already been initiated is per se not sustainable.

We, accordingly set aside the judgment and order under appeal.

As aforesaid the order of suspension is in tune with the law made in that regard. There is, therefore, no question of interfering with the order of suspension. However, we set aside that part of the order of suspension where it has been indicated that the charge sheet has been made and the same has been handed over to the Enquiry Officer appointed by the said order. We direct the disciplinary authority to issue a charge sheet in terms of the rules made by the Government in that regard as quickly as possible, but not later than seven days from the date of service of copy of this order upon the disciplinary authority, giving the appellant at least fifteen days time from the date of service of the charge sheet, an opportunity to give a reply thereto. In the event, the disciplinary authority is not satisfied with the reply to the charge sheet to be given by the appellant, it shall be open to the disciplinary authority to enquire into the matter either by himself or through an Enquiry Officer to be appointed by him. The disciplinary authority is directed to conclude the disciplinary proceedings in terms of the law governing the field within 90 days of receipt of the reply to the charge sheet. In the event, no charge sheet is issued to the appellant in terms of the direction as above, it shall be deemed that the disciplinary authority has decided not to initiate a disciplinary proceeding against the appellant, and in such circumstances, the suspension order will become invalid. With the directions as above, the appeal is disposed of.