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2022 Supreme(UK) 444
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, R.C. Khulbe, JJ.
Avdhesh Kumar - Appellant
Versus
General Manager (human Resources) & Ors. - Respondents
Special Appeal No. 354 of 2022
Decided On : 07-12-2022
Pankaj Miglani, Advocate, K.K. Harbola, Advocate
The court's decision was based on the principle that the lack of stay on departmental inquiry proceedings is not sufficient grounds to escalate the matter before the Division Bench.
Headnote:
Departmental Inquiry - Special Appeal - The court dismissed the special appeal against the order of the learned Single Judge, which did not stay the departmental inquiry initiated against the appellant by the respondents.
Fact of the Case:
The appellant appealed against the order of the learned Single Judge, which did not stay the departmental inquiry initiated against the appellant by the respondents. The Writ Petition is still pending consideration.
Finding of the Court:
The court found that the mere fact that the departmental inquiry proceedings have not been stayed is not sufficient reason to prefer the appeal or for the court to interfere with the impugned order. The court was not inclined to entertain the special appeal and accordingly dismissed it.
Issues: The issue was whether the court should stay the departmental inquiry proceedings initiated against the appellant by the respondents.
Ratio Decidendi: The court held that the lack of stay on the departmental inquiry proceedings was not a valid reason to escalate the matter before the Division Bench and dismissed the special appeal.
Final Decision: The court dismissed the special appeal and stated that the counter affidavit in the Writ Petition should be filed within one week.
JUDGMENT
Vipin Sanghi, CJ. - The present Special Appeal is directed against the order dated 20.10.2022, passed by the learned Single Judge in Writ Petition (S/S) No. 2023 of 2022, which reads as follows :-
'Mr. Pankaj Miglani, Advocate for the petitioner. Mr. Bhagwat Mehra, Advocate Holding Brief of Dharmendra Barthwal, Advocate for the respondents. Learned counsel for the respondents prays for and is granted four weeks' time to file counter affidavit.
List this case on 22.12.2022.
Enquiry proceedings may go on, however, final order shall not be passed without leave of this Court'
2. The appellant is aggrieved by the fact that the learned Single Judge has not stayed the departmental inquiry initiated against the appellant by the respondents.
3. The Writ Petition is still pending consideration. Time has been granted for filing of the counter affidavit. The Writ Petition is listed on 22.12.2022. Merely because the departmental inquiry proceedings have not been stayed, is no reason for the appellant to prefer this appeal, or for this Court to interfere with the impugned order. The appellant cannot escalate the matter before the Division Bench, merely because stay of departmental inquiry proceedings has not been granted.
4. We are, therefore, not inclined to entertain the present Special Appeal. The same is, accordingly, dismissed.
5. Counsel for the respondents, who appears on advance notice, states that the counter affidavit, in the Writ Petition, will positively be filed within one week.
6. Consequently, pending applications, if any, also stand disposed of.
