Uttarakhand High Court
WPSS/1551/2021 on 9 December, 2021
Office Notes, reports,
orders or proceedings
SL.
Date or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with
Signatures
WPSS No.1551 of 2021
Hon'ble Sharad Kumar Sharma, J.
Mr. Vinay Kumar, Advocate for the
petitioner.
Mr. N.P. Sah, Standing Counsel for the State
of Uttarakhand.
Mr. Yogesh Pandey, Advocate for
respondent no.2.
The petitioner to the present writ petition was
serving as a Laboratory Assistant, with the
respondents. For certain act of misconduct, the
respondent no.3 by an order of 15.06.2011, had
initiated a departmental inquiry proceedings against
the petitioner and for the said purpose, the
petitioner was placed under suspension by an order
of 03.06.2011.
Later on respondent no.3, had issued a charge
sheet on 15.06.2011 and the Inquiry Officer was
appointed by an order of 17.08.2011, for the
purposes of conducting the inquiry against the
alleged seven charges, which were levelled against
the petitioner in the charge sheet of 15.06.2011. The
Inquiry Officer thus appointed on 17.08.2011 had
concluded the inquiry and has submitted the
enquiry report on 08.05.2012; wherein based on the
finding recorded in it, a recommendation was made
that the suspension of the petitioner as made by the
respondents on 03.06.2011, deserves to be revoked.
As a consequence thereto, the suspension of the
petitioner was revoked and he was reinstated back
into the service on 22.06.2012 and ever since then
he is working with the respondents.
The grievance of the petitioner in the present
writ petition, is that on account of inaction on part
of respondent no.2, since no decision has been
taken on the basis of the inquiry report of
08.05.2012 till date though the petitioner is still
serving, but he has been deprived of the ACP and
other service benefits, which he would have been
otherwise entitled to receive, if the respondents had
timely taken a decision in the disciplinary
proceedings on the basis of the inquiry report of
08.05.2012.
The inaction on part of respondent no.2, is
deprecated by this Court, hence, this writ petition is
being disposed of with a direction to respondent
no.2; that he will positively take a decision on the
same based on the finding which had been recorded
in the enquiry report of 08.05.2012, within the time
period of six weeks from the date of presentation of
the certified copy of this judgment and would also
simultaneously consider to extend all the service
benefits, which the petitioner would have otherwise
being entitled to receive, had the inquiry was not
kept pending for long nine years.
The decision with regards to the payment of
service benefits will be taken by the respondents
within a period of one month from the date when
the decision is taken on the inquiry report dated
08.05.2012.
Subject to the above observations, the writ
petition stands disposed of.
(Sharad Kumar Sharma, J.)
09.12.2021
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