SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Online)(HP) 14219

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, J
Vijay Kumar Verma – Appellant
Versus
STATE OF HP – Respondent
CWPOA/3421/2019



Petitioner Advocates:Sanjeev Bhushan ,Respondent Advocate: AG

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWPOA No. 3421 of 2019 Date of Decision: September 8, 2023 Vijay Kumar Verma …Petitioner.

Versus H State of Himachal Pradesh & others ..Respondents.

Coram:

The Hon’ble Mr. Justice Vivek Singh Thakur, Judge.

Whether approved for reporting?1 For the Petitioner: Mr.Sanjeev Bhushan, Senior Advocate, alrongwith Mr.Rajesh Kumar, Advocate.

For the Respondentsu: Mr.Anup Rattan, Advocate General, alongwith Mr.Rajesh Mandhotra, Additional Advocate General.

Vivek Singh Thakur, J. (Oral)

Petitioner is serving as a Principal in Department of Hhigher Education, Himachal Pradesh. Being aggrieved by considerable long pendency of the Departmental Inquiries initiated against him, he has approached this Court with following reliefs:-

“(i) That an appropriate writ, order or directions may be issued and Annexure P-6 dated 1.2.2010, Annexure P-8 dated 29.4.2010, Annexure P-9 dated 3.8.2011 and Annexure P-12 dated 22.12.2012 may kindly be quashed and set aside and in the alternative all the inquiries may very kindly be ordered to be transferred to the Commissioner, Departmental Inquiries in the interest of justice.

(ii) That the suspension order dated 30.7.2012 Annexure P-11 may kindly be quashed and set aside with further directions to the respondents to

1 Whether reporters of the local papers may be allowed to see the judgment?

the respondents to pay the salary to the petitioner w.e.f. 1.8.2012 uptil 31st March, 2013 with interest @ 9% p.a. being the suspension order .being completely and wholly unjustified and against the provisions of law.”

2. During pendency of the petition, respondent-State was directed to file status of Charge Sheet/Inquiries issued to/initiated against the petitioner. In response thereto, following status of Charge Sheet was submitted by the respondent-

Authorities:- t

Status of Charge sheet States of I.O. & suspension/revocation t
Date of Charge sheet 5 4 S 2 3 1 2 3 Appointment of IOs. 1. Sh.Tikkam Singh Negi, DDEHE, Shimla appointed as r . B.L. Vinta appointed I.O. in place Sh.Tikka Singh u Negi on dated 05.08.2010. (P/8) 3. Smt.Manjusha Pathania, Principal RKMV Shimla was appointed as I/O on dated 09.09.2010. (P/9). . Sh.Ashish Kohli, HAS, Addl. Director Elementary Education appointed as I.O. on dated 27.02.2013 in place of all above I/Os. And all the inquiries have been entrusted to him (P/15-18). . Sh.Pankaj Sharma, Joint Director (HAS) o/o the Directorate of Higher Education in place of Sh.Ashish Kohli, HAS (as he has been impleaded as respondent in CWP 6168/2014 filed by Sh.Vijay Kumar Verma) on dated 10.01.2017 (P/29) . Sh.Neeraj Gupta, HAS, Addl. Director of Higher Education appointed as Inquiry Officer on dated 09.09.2020 in place of Sh.Pankaj Sharma, the then Joint Director. (P/30-31) uspension status . Under suspension H/Q fixed at GC Rampur on dated 26/12/2009. (P/32) . Suspension revoked and posted at GSSS Kashapat on dated 18.01.2010 (P/33) . Again suspended on dated 30/07/2012 H/Q fixed at GC Seema while under transfer to GSSS Leo, Distt. Kinnaur from GSSS Mandal. (P/34)
1. Memorandum No. EDN- A-Kha(14)1/2006 dated 01/02/2010, Under Rule 14 (P/1-6) o
2. Memorandum No. EDN- A-Kha(14)1/2006 dated 29/04/2010. Under Rule C h
g i Memorandum No. EDN- (B) B (6)-17/2009 dated 03/08/2011. Under Rule 14 (P/19-22)
4. Memorandum No. EDN- B-B (14)-35/2012 dated 22/12/2012. Under Rule 16 (P/23-24)
5. Memorandum No. EDN- B-B (14)-35/2012 dated 04/02/2013 in continuation of memorandum dated 22/12/2012 (P/25-28)

6 4. Suspension revoked on dated 25.03.2013 and posted at Directorate of Higher Education. The decisions about the suspension period/ substance allowance will be taken after the conclusion of the aforesaid inquiries as the said

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top