Suspension is not a punishment; therefore, a Controlling Authority is competent to pass a suspension order. Furthermore, disciplinary proceedings initiated against a government servant before retirement can legally continue after their retirement.

Office Notes, reports, orders or proceedings

SL. No. Date or directions COURT’S OR JUDGE’S ORDERS and Registrar’s order with Signatures

1. Mr. Anup Kumar Verma, learned counsel for the petitioner.

2. Mr. Narayan Dutt, learned Standing Counsel for the State of Uttarakhand.

3. Mr. Yogesh Kumar Pacholia, learned counsel for respondent no. 5.

4. Petitioner was serving as Executive Officer in Nagar Panchayat, Dwarahat, District Almora at the time of his suspension, vide order dated 21.01.2023. Challenging his suspension, petitioner filed this writ petition. The challenge to the suspension order is mainly on the ground that it is passed by Director and not the Secretary, who is the Appointing Authority.

5. Learned counsel for respondent no. 5, however, submits that Appointing Authority of the petitioner is Director, as he is a member of Centralised Service, who are appointed by Director, Urban Development.

6. The first ground of challenge is without any substance, as the Rules also provide that Director is the Appointing Authority.

7. Even otherwise also, there is no law which provides that only the Appointing Authority can pass an order of suspension. Suspension is no punishment in the eyes of law, therefore, order of suspension can also be passed by Controlling Authority. Since reportedly petitioner has retired from service from Nagar Palika Parishad, Gadarpur, District Udham Singh Nagar on 30.06.2025, therefore, life of suspension order has come to an end. No useful purpose would be served by keeping the writ petition pending.

8. Law is well settled that Disciplinary Enquiry, if initiated, against a Government Servant before his retirement may continue post retirement also, therefore, the writ petition is disposed of by providing that the Disciplinary Enquiry, if pending, may be concluded as early as possible, within nine months from the date of presentation of certified copy of this order.

9. Petitioner is directed to extend full cooperation and in case, petitioner does not appear before Enquiry Officer for three consecutive dates, then the Enquiry Officer will be at liberty to proceed ex-parte and submit a report.