Yogesh Sharma vs R.K. Sudhanshu

Manoj Kumar Tiwari, J

Writ Petition (PIL) No. 87 of 2015 filed by the petitioner was disposed of by the Division Bench of this Court vide order dated 03.11.2017. Operative portion of the said order is reproduced below:

"The proceedings, which have been commenced by the issuance of show cause notices, will be brought to its conclusion, in accordance with law, as early as possible within a period of three months from today, if not done. It will be open to the respondent nos. 4 & 5 to give their replies and also we leave open all the rights which are available to them in law. Needless to say that, in case of violation of this judgment, it will be open for the petitioner to approach the competent forum."

Alleging willful disobedience of the said order, this contempt petition has been filed.

A counter affidavit has been filed by Mr. R.K. Sudhanshu, Secretary, Urban Development Department, Government of Uttarakhand, on 26.06.2018. In paragraph no. 8 thereof, it has been stated that the complaint made against Mr. Deep Sharma, the then Chairman of Nagar Palika Parishad, Rishikesh, has been disposed of prior to passing of the order dated 03.11.2017 passed in WPPIL No. 87 of 2015. In paragraph no. 11 of the counter affidavit, it has been further stated that regarding Mr. Shivendra Singh Khanayat, the then Accountant, the Additional Director, Urban Development Directorate has been appointed as Inquiry Officer under the Uttarakhand Government Servant (Discipline & Appeal) Rules, 2003, who was required to submit the inquiry report within a month and it is further stated that the report of the Inquiry Officer is awaited.

This Court asked the learned Standing Counsel to get instructions regarding progress made in the matter. Today, learned Standing Counsel has produced in Court a letter received to him from In-Charge, Secretary, Urban Development Department. Perusal of the said letter reveals that the Inquiry Officer had submitted his report on 03.07.2018 and, as per the inquiry report, there had been a financial irregularity to the tune of Rs. 26,97,809/-. The said letter is taken on record.

Learned Standing Counsel assures the Court that appropriate order, in respect of Mr. Shivendra Singh Khanayat, shall be passed within six months.

In view of the assurance given by learned Standing Counsel, based on instructions received to him, the contempt petition is closed. Contempt notices issued to the respondents are hereby discharged. However, petitioner shall be at liberty to seek recall of this order if the timeline indicated by learned Standing Counsel is not met.