WPSS/1202/2022
2022 Latest Caselaw 1936 UK

              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions                   COURT'S OR JUDGES'S ORDERS
No
             and Registrar's
               order with
               Signatures
                               WPSS No. 1202 of 2022
                               Hon'ble Manoj Kumar Tiwari, J.

Mr. S.S. Yadav, Advocate for the petitioner.

Ms. Seema Sah, Advocate for respondent nos. 1 & 2.

Ms. Mamta Bisht, Deputy Advocate General for the State of Uttarakhand/ respondent nos. 3 & 4.

Heard learned counsel for the parties. Petitioner served as Junior Manager in District Cooperative Bank Ltd., Kotdwar and has attained the age of superannuation, in 2017.

According to petitioner, his services were terminated vide order dated 24.12.2013. He challenged the termination order and Co- ordinate Bench of this Court quashed the termination order vide judgment dated 22.04.2017 with direction to the appellate authority to pass a detailed and speaking order.

Pursuant to the said judgment, respondent no. 4 again decided the appeal against the petitioner, vide order dated 28.06.2017. Petitioner challenged the said order by filing Writ Petition (S/S) No. 2519 of 2017, which was allowed, however, liberty was given to respondent to make fresh inquiry against the petitioner.

Learned counsel for the petitioner submits that a charge-sheet was issued on 25.09.2020, however, disciplinary enquiry initiated against him has not concluded so far. He further submits that, on account of pendency of disciplinary enquiry, his retiral dues have not been released.

By means of this writ petition, petitioner has sought the following reliefs:-

"i. Issue a writ, order or direction in the nature of certiorari quashing the chargesheets dated 25.08.2020 and 25.09.2020 (Annexure No. 1 and 10 to the writ petition).

ii. Issue a writ, order or direction in the nature of mandamus directing the respondents to release the arrears of salary of the petitioner since 24.12.2013 to 31.12.2017 and retiral dues of the petitioner along with 9% interest.

iii. Issue a writ, order or direction in the nature of mandamus directing the respondents to take speedy decision keeping in abeyance the illegal chargesheets dated 25.08.2020 and 25.09.2020 (Annexure No. 1 and 10 to the writ petition) as early as possible.

Learned counsel appearing for respondent nos. 1 & 2 has made a statement that enquiry officer has submitted enquiry report, however, Disciplinary Authority is yet to take decision in the matter.

Having regard to the fact that petitioner has attained retirement age in 2017 and his retiral dues are withheld on account of pendency of enquiry, the writ petition is disposed of with a direction to the Disciplinary Authority to pass final order in respect of petitioner, as early as possible, but not later than three weeks from the date of production of certified copy of this order.

Petitioner shall also be given opportunity of hearing, before passing such order.

(Manoj Kumar Tiwari, J.) 01.07.2022 Navin