Manager Ferger Junior High School ... vs State Of Uttarakhand & Others
2014 Latest Caselaw 2210 Del

 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
              Urgency Application No. 1781 of 2014
                              IN
                 Special Appeal No. 372 of 2013

Manager, Ferger Junior High School
and another                        ...........                   Appellants

                                  Versus

State of Uttarakhand and others          ...........           Respondents

      Present: Mr. R.K. Raizada, Senior Advocate assisted by Mr. Ramji
               Srivastava, Advocate for the appellants.
               Mr. P.C. Bisht, Standing Counsel for the State of
               Uttarakhand/ respondent Nos. 1 & 2.
               Mr. Manoj Tiwari, Senior Advocate assisted by Mr. Sandeep
               Adhikari, Advocate for respondent No.3.


Coram:           Hon'ble Barin Ghosh, C.J.
                 Hon'ble V.K. Bist, J.

BARIN GHOSH, C.J. (Oral)

With the consent of the parties we have taken up the appeal in the day's list for hearing.

2. Heard learned counsel for the parties.

3. There is no scope of interference with the judgment under appeal, inasmuch as, the fact remains that the private respondent/writ petitioner was dismissed from service without taking steps under the applicable disciplinary Rules. It appears that the private respondent, who was a lower division clerk in a grant-in-aid minority institution, was thus dismissed by an order dated 31st May, 2011. Appellants seek permission to initiate disciplinary proceeding against the private respondent and, for that purpose, they are pressing this appeal. We do not think that such permission was at all required to be accorded, because it is the inherent power of the employer to take disciplinary actions as and when occasion therefor arises. However, since such prayer has been made, we accord such permission and specifically permit the

appellants to initiate disciplinary proceedings in accordance with law against the private respondent/writ petitioner and to conclude the same also in accordance with law, but only after expiry of three months from today and, in the meantime, appellants shall comply with the order under appeal.

4. The appeal stands disposed of.

                (V.K. Bist, J.)              (Barin Ghosh, C.J.)
                 01.05.2014                      01.05.2014


P. Singh