V.S. Rajput vs State of Uttarakhand and Others

Hon''ble Sudhanshu Dhulia, J. (Oral)

Heard Mr. D.S. Patni, learned Counsel for the Petitioner and Mr. N.S. Pundir, learned Brief Holder present for the State of Uttarakhand.

The Petitioner is a Junior Engineer in a regulated Area Bageshwar. He has been suspended vide order dated 24.06.2011 and the same has been challenged by the Petitioner before this Court.

In the said suspension order, disciplinary inquiry was contemplated against the Petitioner.

In this case counter affidavit and rejoinder affidavit have been exchanged between the parties.

In the counter affidavit filed by the State, it has been stated that vide order dated 07.07.2011, charge sheet has been given to the Petitioner and the disciplinary proceedings are already going on.

In view of these facts and admitted position that a charge sheet has already been given to the Petitioner on 7th July 2011 where charges seem to be serious in nature, no interference is called by this Court.

The Petitioner has taken grounds that the Inquiry Officer is biased against him, and the fact that entire disciplinary proceedings have been initiated against him on the direction of a Hon''ble Minister. No interference, however, is called for by this Court now as the disciplinary inquiry against the Petitioner is already in process. All these submissions as being made by the Petitioner can be made before the disciplinary authority.

It is though expected that the disciplinary proceedings shall be completed as expeditiously as possible but definitely within four months from the date when the charge sheet dated 07.07.2011 served on the Petitioner, provided the Petitioner co-operates in the process.

With this observation, the writ petition is dismissed.

No order as to costs.

Let a certified copy of this order be furnished to the Learned Counsel for the Petitioner within 24 hours on payment of usual charges.