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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
Shashi Bala – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ajay Mohan Goel, J.
1. By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:-
“i) Issue a writ in the nature of Certiorari to quash the impugned suspension order dated 29.06.2019 (Annexure P-5), which is has lost its significant after exoneration the petitioner from all the charges levelled against her and impugned loner dated 03.03.2022 (Annexure P-20). which communicated to the petitioner through a registered letter, being illegal, invalid, wrong, unwarranted, unjustified, unsustainable in law and have been issued in violation of the H.P. Primary Agriculture Co-operative Credit Societies Employees (terms of employment & working conditions) Rules, 2001 and in violation of principle of natural justice.
(ii) Issue a writ of Mandamus thereby directing the respondents, to reinstate the petitioner into service with continuity of her service and with all consequential benefits and further direct the respondent No. 3, to decide the appeal of the petitioner against the demotion order dated 22.10.2020 within the stipulated period, to be granted by this Hon'ble Court.
iii) Arrear of consequential benefits on account of filing the present writ petit
Indefinite suspension of an employee is impermissible; timely review of suspension orders is essential to ensure justice.
Suspension of an employee under the Andhra Pradesh Cooperative Societies Act must adhere to due process and jurisdictional authority, failing which it is deemed illegal.
Suspension of an employee under the Andhra Pradesh Cooperative Societies Act must follow due process, including issuing a charge-sheet and conducting a proper inquiry.
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