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Judgment
6 paragraphs · 274 wordsVipin Sanghi, CJ
1) The present special appeal is directed against the order dated 09.01.2023, passed by the learned Single Judge, Writ Petition (S/S) No. 43 of 2023, whereby the said writ petition preferred by the appellant, has been dismissed in so far as the relief sought by the appellant to assail his suspension vide order dated 19.12.2022, is concerned. At the same time, direction has been issued to the competent authority to ensure that the disciplinary inquiry, in contemplation whereof the appellant was suspended, should be concluded as expeditiously as possible, preferably within nine months from the date of production of certified copy of the impugned order. It was further observed that, in case, disciplinary inquiry is not concluded within the stipulated time, then the competent authority shall revisit continuance of petitioner’s suspension.
2) Firstly, we find that the appellant is a public servant, and the reliefs sought in the writ petition, could well have been maintained before the Uttarakhand Public Services Tribunal. Secondly, the primary charge levelled against the appellant relates to certain alleged financial irregularities.
3) Mr. Saharia has endeavoured to take us into the merits of the said charge. We are not inclined to go that way, at this stage.
4) We, therefore, dismiss the present appeal, leaving it open to the appellant to advance all his submissions in relation to the disciplinary proceedings, including the order dated 07.02.2023, which has been passed after passing of the impugned order, before the Tribunal.
5) Since we have already examined the merits of the impugned order, we are not entering in the aspect of delay of 23 days in filing the appeal.