WPSS/2534/2018 of Naresh Kumar Vs State Of Uttarakhand AND OTHERS

WPSS No. 2534 of 2018 Hon’ble Manoj K. Tiwari, J.

Heard Mr. Tapan Singh, learned counsel for the petitioner, Mr. Paresh Tripathi, learned C.S.C. for the State of Uttarakhand and Ms. Seema Sah, learned counsel for respondent No. 3.

Petitioner is serving as Secretary in cooperative society known as ‘Salempur Mahdudh Sadhan Sahakari Samiti Ltd., Vikas Khand, Bharadrabhad, District Haridwar’. He is challenging the suspension order dated 15.03.2018 passed by Member Secretary, District Administrative Committee, Cooperative Societies, Haridwar.

It is settled position in law that suspension is not punishment; therefore, there is no scope for interference with the impugned order.

Learned counsel for the petitioner submits that more than year has elapsed since petitioner was placed under suspension, however, till date no charge-sheet has been served upon him. He further submits that the Competent Authority be directed to expedite the inquiry.

Accordingly, the writ petition is disposed of with direction to the Disciplinary Authority to issue charge-sheet to the petitioner within three weeks from the date of production of certified copy of this order. Petitioner shall file his reply to the charge-sheet within three weeks thereafter. The Inquiry Officer shall complete the enquiry within six weeks thereafter and the Competent Authority shall pass final order within two weeks thereafter.

With the aforesaid direction, writ petition stands disposed.

(Manoj K. Tiwari, J.)

20.05.2019Aswal