WPSB/636/2022
2022 Latest Caselaw 3673 UK

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
          HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI

                                    AND

            HON'BLE SRI JUSTICE MANOJ KUMAR TIWARI

                       16TH NOVEMBER, 2022
       WRIT PETITION (SB) No. 636 OF 2022
Between:
Anurag Shankhdhar                 ..........Petitioner
and
State of Uttarakhand and others.  ......Respondents

Counsel for the petitioner          :   Mr. Navneet Kaushik.

Counsel for the respondents         :   Mr. Pradeep Joshi, learned Additional
                                        Chief Standing Counsel for the State of
                                        Uttarakhand.



Upon hearing the learned Counsel, the Court made
the following
JUDGMENT : (per Sri Vipin Sanghi, C.J.)

              The petitioner has preferred the present writ

petition to seek a mandamus to respondent No. 1 to

reinstate him on the post of the Deputy Project Director

in the Directorate of Tribal Welfare at Dehradun-the post

from     which      he       was   suspended        vide    order      dated

20.05.2019.


2.            Criminal        proceedings       have     been      initiated

against the petitioner. The petitioner had been taken

into custody and imprisoned, and consequently, he stood

suspended, as his incarceration continued for more than

48 hours.
 3.        The grievance of the petitioner is that even

though he has been bailed-out, he has not been

reinstated.


4.        The respondents have issued a show cause

notice to the petitioner as to why a departmental

proceeding should also not be initiated against him, to

which he has responded. The petitioner's representation

for his reinstatement is also pending.


5.        We dispose of this petition with a direction to

the respondents to look into the response of the

petitioner, and take a decision with regard to the

reinstatement of the petitioner, and with regard to

initiation of departmental proceedings against him and

continuation of his suspension, within four weeks. The

order shall be communicated to the petitioner.


6.        We make it clear that we have not examined

the merits of the petitioner's case.


                                       ________________
                                        VIPIN SANGHI, C.J.


                            _____________________
                            MANOJ KUMAR TIWARI, J.

Dt: 16th November, 2022 Rathour