WPSB/21/2022
2022 Latest Caselaw 2911 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


                              9TH SEPTEMBER, 2022
                WRIT PETITION (S/B) No. 21 OF 2022


       Between:

       Brij Bihari Sharma.                                     ...Petitioner

       and

       State of Uttarakhand and others                         ...Respondents

       Counsel for the petitioner.       :      Mr. Bhagwat Mehra, the learned counsel.

       Counsel for the respondents       :      Mr. S. S. Chaudhary, the learned Brief Holder for
                                                the State of Uttarakhand.


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


                 The petitioner has preferred the present writ
petition to assail his suspension vide order dated 25.10.2021.
The petitioner was suspended in contemplation of an enquiry.


2.               Learned counsel for the petitioner states that the
enquiry has been concluded, and the petitioner has made his
representation,             in       response     to    the     enquiry        report,       on
18.07.2022.             The Disciplinary Authority has, however, not
passed the final order. In the meantime, the petitioner has
superannuated on 31.07.2022.


3.               Learned counsel for the petitioner also states that
the petitioner's subsistence allowance for five months is
outstanding.            If that be the case, respondents should look
into      the     matter         and     pay     the     outstanding           subsistence
allowance to the petitioner within six weeks.


4.               In the light of the aforesaid, this writ petition has
become infructuous and is disposed of as such.
                             1
 5.         The respondents shall endeavour to pass the final
order in the next four weeks.


6.         In sequel thereto, all pending applications stand
disposed of.


                                    ___________________
                                     VIPIN SANGHI, C. J.


                                          ______________
                                    MANOJ KUMAR TIWARI, J.

Dt: 09.09.2022 Aswal/NT