WPSB/450/2021
2023 Latest Caselaw 2646 UK

Citation : 2023 Latest Caselaw 2646 UK
Judgement Date : 11 September, 2023

Uttarakhand High Court

WPSB/450/2021 on 11 September, 2023

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                      COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  WPSB No. 450 of 2021
                                  Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

Mr. M.C. Kandpal, Senior Advocate, assisted by Mr. Hari Mohan Bhatia, Advocate for the petitioner.

2. Mr. Subhash Upadhyay, Advocate for the respondents.

3. Heard learned counsel for the parties.

4. Petitioner was put under suspension in contemplation of disciplinary enquiry vide order dated 20.09.2021, which is challenged in this writ petition. By an amendment, he has also challenged the charge-sheet dated 06.10.2021 issued by the competent authority against him.

5. It is not in dispute that services of petitioner were terminated vide order dated 19.05.2022, and petitioner challenged his termination by filing Writ Petition (S/B) No. 395 of 2022, which however was dismissed on 04.08.2022. Petitioner sought review of the final order passed in the said writ petition, which too was rejected by a coordinate Bench vide order dated 21.02.2023.

6. Learned counsel for petitioner points out that petitioner has challenged the judgment

of 2022 by filing a SLP, which is pending before Hon'ble Supreme Court.

7. Since master-servant relationship between petitioner and the institute has come to an end on account of termination of petitioner's service, therefore, we are not inclined to go into question of validity of suspension order in this writ petition.

8. Accordingly, writ petition is dismissed as infructuous. It shall not be open for respondent-institute to continue with the disciplinary enquiry initiated against the petitioner, however, the criminal proceedings, if any, pending against petitioner shall remain unaffected by termination of his services.

9. It shall be open to petitioner to seek recall of this order, if master-servant relationship is re-established consequent to decision in pending SLP.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 11.09.2023 Navin