SPA/52/2023
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      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL
        THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                               AND
            THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                   SPECIAL APPEAL NO. 52 OF 2023

                            21ST MARCH, 2023

Between:

Rakesh Semwal                                    ......          Appellant

and

State of Uttarakhand & others                    ......        Respondents

Counsel for the appellant            :    Mr. Shobhit     Saharia,    learned
                                          counsel

Counsel for the respondents          :   Mr. K.N. Joshi, learned Deputy
                                         Advocate General for the State /
                                         respondent Nos. 1 and 2

                                     :    Mr. Ravi Babulkar, learned counsel
                                          for respondent Nos. 2 and 3


The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)


             The present special appeal is directed against

the order dated 09.01.2023, passed by the learned

Single Judge, Writ Petition (S/S) No. 43 of 2023,

whereby      the    said      writ       petition   preferred        by   the

appellant, has been dismissed in so far as the relief

sought by the appellant to assail his suspension vide

order dated 19.12.2022, is concerned.                      At the same

time, direction has been issued to the competent
                                  2




authority to ensure that the disciplinary inquiry, in

contemplation whereof the appellant was suspended,

should   be    concluded       as    expeditiously   as    possible,

preferably     within   nine     months     from     the   date   of

production of certified copy of the impugned order.               It

was further observed that, in case, disciplinary inquiry is

not concluded within the stipulated time, then the

competent      authority       shall   revisit   continuance      of

petitioner's suspension.


2)           Firstly, we find that the appellant is a public

servant, and the reliefs sought in the writ petition, could

well have been maintained before the Uttarakhand Public

Services Tribunal. Secondly, the primary charge levelled

against the appellant relates to certain alleged financial

irregularities.


3)           Mr. Saharia has endeavoured to take us into

the merits of the said charge. We are not inclined to go

that way, at this stage.


4)           We, therefore, dismiss the present appeal,

leaving it open to the appellant to advance all his

submissions in relation to the disciplinary proceedings,

including the order dated 07.02.2023, which has been
                            3




passed after passing of the impugned order, before the

Tribunal.


5)          Since we have already examined the merits of

the impugned order, we are not entering in the aspect of

delay of 23 days in filing the appeal.



                                         ________________
                                         VIPIN SANGHI, C.J.



                                  _________________
                                  ALOK KUMAR VERMA, J.

Dt: 21st MARCH, 2023 Negi