WPSS/114/2024
2024 Latest Caselaw 31 UK

Uttarakhand High Court

WPSS/114/2024 on 31 January, 2024

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                      Office Notes,
                   reports, orders or
SL.                  proceedings or
         Date                                              COURT'S OR JUDGES'S ORDERS
No                   directions and
                    Registrar's order
                    with Signatures
      31.01.2024
                                        WPSS No. 114 of 2024
                                        Hon'ble Rakesh Thapliyal, J.

1. Mr. Piyush Garg, Advocate, for the petitioner through video conferencing.

2. Mr. Ganga Singh Negi, learned Addl. CSC for the State.

3. Mr. Yogesh Pandey, learned counsel for respondent No. 3.

4. By the instant writ petition, the petitioner is challenging the order dated 18.01.2024 passed by the General Manager of Haridwar Dugdh Utpadak Sehakari Sangh Ltd., whereby the petitioner has been placed under suspension.

5. Learned counsel for the petitioner submits that with the same set of charges, earlier an enquiry was initiated against the petitioner and the petitioner was exonerated from all the charges and the suspension was revoked on 07.11.2022. Thereafter, a further complaint was made by one Sunita Saini, the Secretary of Dugdh Utpadak Sehakari Samiti Limited, Sharpur on 29.08.2023, wherein she also enclosed the copy of earlier complaint and pointed out that the earlier enquiry was not properly conducted by the Earlier Enquiry Officer Mr. D.P. Singh. On such complaint, again on 16.01.2024, the Registrar further initiated an enquiry against the petitioner and simultaneously, again by an order dated 18.01.2024, the petitioner has been placed under suspension.

6. Learned counsel for the petitioner submits that once with the same set of allegation and the charges the enquiry has been done and the petitioner has already been exonerated then the authority cannot initiate a re-enquiry against the same set of charges.

7. The learned counsel for the petitioner, in support of his arguments submits that the authority cannot go with the re-enquiry once in an earlier enquiry the petitioner has been exonerated. He place reliance on a judgment of the Hon'ble Apex Court in the case of Kanailal Bera Vs. Union of India and others, (2007) 11 SCC 517, as well as the judgment of the Rajasthan High Court in the case of Dwarkachand Vs. State of Rajasthan, RLW 1957 587.

8. All these aspects are required to be considered after inviting counter affidavit.

9. Let the counter affidavit be filed by the respondents within four weeks. Two weeks, thereafter, is granted to the applicant to file rejoinder affidavit.

10. List in the week commencing 18.03.2024.

11. In the meantime, the impugned order dated 16.01.2024 passed by the Director, Dairy Development Department, Haldwani as well as the order impugned dated 18.01.2024 issued by the General Manager, Haridwar Dugdh Utpadak Sehakari Sangh Ltd, Sikarpur, Haridwar shall remain stayed.

12. Stay Application (IA/2/2024) stands disposed of accordingly.

(Rakesh Thapliyal, J.) Vacation Judge 31.01.2024 Mahinder/