SPA/354/2022
2022 Latest Caselaw 3936 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
           HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                              AND
                 HON'BLE SRI JUSTICE R.C. KHULBE

                        07TH DECEMBER, 2022
              SPECIAL APPEAL No. 354 OF 2022

Between:

Avdhesh Kumar.                                               ...Appellant

and

General Manager (Human Resources)
and others.                                             ...Respondents

Counsel for the appellant.      :   Mr. Pankaj    Miglani,   the   learned
                                    counsel.

Counsel for respondents.        :   Mr. K.K. Harbola, the learned counsel
                                    holding brief of Mr. Bhagwat Mehra,
                                    the learned counsel.

JUDGMENT : (per Sri Vipin Sanghi, C.J.)

              The present Special Appeal is directed against

the order dated 20.10.2022, passed by the learned Single

Judge in Writ Petition (S/S) No. 2023 of 2022, which reads

as follows :-

                    "Mr. Pankaj Miglani, Advocate for the petitioner.
                     Mr. Bhagwat Mehra, Advocate Holding Brief of
              Dharmendra Barthwal, Advocate for the respondents.
                    Learned counsel for the respondents prays for and
              is granted four weeks' time to file counter affidavit.
                    List this case on 22.12.2022.
                    Enquiry proceedings may go on, however, final
              order shall not be passed without leave of this Court"


2.            The appellant is aggrieved by the fact that the

learned Single Judge has not stayed the departmental

inquiry initiated against the appellant by the respondents.
 3.        The Writ Petition is still pending consideration.

Time has been granted for filing of the counter affidavit.

The Writ Petition is listed on 22.12.2022. Merely because

the departmental inquiry proceedings have not been

stayed, is no reason for the appellant to prefer this appeal,

or for this Court to interfere with the impugned order. The

appellant cannot escalate the matter before the Division

Bench, merely because stay of departmental inquiry

proceedings has not been granted.


4.        We are, therefore, not inclined to entertain the

present   Special    Appeal.   The   same    is,   accordingly,

dismissed.


5.        Counsel for the respondents, who appears on

advance notice, states that the counter affidavit, in the

Writ Petition, will positively be filed within one week.


6.        Consequently, pending applications, if any, also

stand disposed of.


                                      ________________
                                       VIPIN SANGHI, C.J.


                                           _____________
                                            R.C. KHULBE, J.

Dt: 07th December, 2022 Rahul