Jangshar vs Member Secretary District
2021 Latest Caselaw 3807 UK

  IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

                  Writ Petition (S/S) No. 992 of 2021

Jangshar                                                           ....... Petitioner
                                       Vs.

Member Secretary District
Administrative Society and Others                              ......Respondents


Present:
Mr. Tanuj Semwal and Mr. Magha Ram Kashyap, Advocates for the petitioner.
Mr. Narayan Dutt, Brief Holder for the State.
Mr. N.S. Pundir, Advocate for respondent no.5.



                                JUDGMENT

Ravindra Maithani, J. (Oral)

By means of the instant writ petition, the petitioner

seeks the following relief;

"(i) Issue a writ, order or direction in the nature of certiorari to

call for the record and quash the impugned order dated

22.07.2021 passed by the respondent No. 2 (contained in

Annexure No.2 of the writ petition).

(ii) Issue a writ, order or direction in the nature of mandamus

directing and commanding the respondents not to transfer the

petitioner from Bhauudeshya Shakari Samiti limited

Saheya/Pajatelani, vikas khand Khalsi Dehradun to cadre

office Dehradun.

(iii) Issue a writ, order or direction in the nature of Mandamus

directing and commanding the respondents to conclude the

Disciplinary departmental inquiry expeditiously.

(iv) Issue any other suitable writ, order or direction which this

Hon'ble Court may deem fit and proper in facts and

circumstances.

(v) To award cost of the present writ petition to the petitioner."

2. It is the case of the petitioner that he is working as

Secretary Grade 2 in Bhauudeshya Shakari Samiti limited

Saheya/Pajatelani, Vikas khand, Khalsi. He was placed under

suspension by an order dated 22.07.2021. Petitioner has challenged it

and also petitioner sought certain directions that he may not be

transferred and departmental proceedings be concluded expeditiously.

3. Heard learned counsel for the parties and perused the

record.

4. At the very outset, the Court wanted to know as to

how the writ petition is maintainable.

5. Learned counsel for the petitioner seeks liberty to

make a representation to the respondent no.2 within ten days from

today.

6. Learned State Counsel gives a statement that if the

petitioner gives the representation, it shall be decided within a period

of one month.

7. The statement made on behalf of learned State

Counsel is taken on record.

8. The writ petition is disposed of with a liberty to the

petitioner to make a representation to the respondent no.2 within ten

days from today. In case, any such representation is made, the

respondent no.2 shall decide it within a period of one month thereafter.

(Ravindra Maithani, J.) 22.09.2021 Ujjwal