WPSB/607/2022
2022 Latest Caselaw 3420 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

                          20TH OCTOBER, 2022
           WRIT PETITON (S/B) No. 607 OF 2022

Between:

Dr. Ashok Kumar.
                                                                  ...Petitioner

and

State of Uttarakhand and others.
                                                              ...Respondents

Counsel for the petitioner.          :    Mr. Aishwarya Prakash Joshi and Mr.
                                          Mayank Rajan Joshi, the learned
                                          counsel.

Counsel for the respondents.         :    Mr. S.S. Chauhan, the learned Deputy
                                          Advocate General for the State of
                                          Uttarakhand/ respondents.

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

              Petitioner       has       preferred     the    present      Writ

Petitions to seek the following reliefs :-

              "I.     direct the Respondent State to suitably amend the
                      Uttarakhand Government Servant (Discipline &
                      Appeal) Rules, 2003, so that the dignity & rights of
                      Government Servants are protected by prescribing
                      a timeline for the conclusion of disciplinary
                      proceedings initiated against the Government
                      Servants along with a separate Review Committee
                      established to review the orders, especially for
                      Government Servants placed under suspension."


2.            In effect, the petitioner is seeking a mandamus

to direct the State to legislate in the manner that the

petitioner desires.           Such a direction cannot be issued by

the Court. It is for the State to formulate its policies and,
 on that basis, to legislate on the subjects, over which it

has    legislative    competence.           The    relief,   as   sought,

therefore, cannot be granted.


3.           The submission of the learned counsel for the

petitioner is that the primary grievance of the petitioner is

with    regard       to   the   pendency          of   the   disciplinary

proceedings initiated against him.                He submits that the

enquiry has been completed by the Enquiry Officer, and

the report has been submitted before the Disciplinary

Authority.      He submits that the Disciplinary Authority

should be required to complete the enquiry, and take a

decision in the matter on an early date.


4.           Counsel for the respondents, who appears on

advance notice, points out that the petitioner himself had

sought     an    adjournment,          as   is     evident    from     the

communication         dated     23.07.2022         addressed      to   the

petitioner by the Enquiry Officer.


5.           Since the matter is at the ex parte stage, and

we have not called for the counter affidavit of the

respondents, we proceed to dispose of this Writ Petition on

the basis of the statements made by the learned counsel

for the petitioner that the Enquiry Officer has concluded


                                   2
 the enquiry, and submitted the enquiry report to the

Disciplinary Authority.


6.         If that be the case, the Disciplinary Authority

may proceed in accordance with law to bring the enquiry

proceedings to its logical conclusion within the next three

months, provided the petitioner cooperates, and does not

delay the further proceedings in the matter.


7.         The Writ Petition stands disposed of in the

aforesaid terms.


8.         In sequel thereto, pending application, if any,

also stands disposed of.


                                    ________________
                                     VIPIN SANGHI, C.J.


                                        _____________
                                         R.C. KHULBE, J.

Dt: 20th October, 2022 Rahul