Office Notes, reports, orders or proceedings SL.

Date or directions COURT’S OR JUDGE’S ORDERS No.

and Registrar’s order with Signatures WPSS/ 73/ 2023 Hon’ble Manoj Kumar Tiwari, J

1. Mr. Dinesh Gahtori, learned counsel for the petitioner.

2. Mr. Rajeev Singh Bisht, learned Additional C.S.C. for the State of Uttarakhand.

3. Petitioner is serving as Accountant in Uttarakhand Sanskrit Academy, Haridwar. He was put under suspension vide order dated 21.12.2022. Petitioner has challenged his suspension on various grounds. One of the grounds is that petitioner had simply followed the instructions of his Superior Authorities, and as Accountant, he had passed the bills and he has unnecessarily been framed in the matter, based on false charges.

4. Interim order was passed by this Court in favour of petitioner on 25.02.2023, whereby impugned suspension order was stayed. The interim order is still operating.

5. Learned counsel for the petitioner submits that although charge-sheet was issued, which was replied by petitioner, and the Enquiry Officer had given a finding in favour of petitioner that none of the charge has been found to be proved, however, the Disciplinary Authority has ordered for re-enquiry on

02.08.2024.

6. It is contended that the manner in which High Powered Committee has been constituted by the Disciplinary Authority reveals that there is something more to it than what meets the eye.

7. This Court finds some substance in the submission made by learned counsel for the petitioner. The order of suspension passed against a Government Servant cannot be permitted to continue till eternity. Three long years have gone by since passing of suspension order. The Disciplinary Enquiry is yet to be concluded. No useful purpose would be served by keeping this writ petition pending.

8. The writ petition is, accordingly, disposed of by providing that the Competent Authority shall ensure that Disciplinary Enquiry, initiated against the petitioner, is concluded within two months from the date of presentation of certified copy of this order. The suspension order shall be kept in abeyance till passing of the final order by Disciplinary Authority. Petitioner shall continue to discharge his duties at his present place of posting.

(Manoj Kumar Tiwari, J)

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