Uttarakhand High Court
WPSB/237/2013 of Garhwal Mandal Vikas Nigam Ltd AND ANOTHER Vs State Of Uttarakhand AND ANOTHER on 30 December 2013
COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/B) No. 237 of 2013 Garhwal Mandal Vikas Nigam Ltd. and another ……….. Petitioners Versus State of Uttarakhand and another ……….. Respondents Present: Mr. Sandeep Kothari, Advocate for the petitioners. Mr.
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/B) No. 237 of 2013
Garhwal Mandal Vikas Nigam Ltd. and another ……….. Petitioners
Versus
State of Uttarakhand and another ……….. Respondents Present: Mr. Sandeep Kothari, Advocate for the petitioners. Mr. Vina[y Kumar, Standing Counsel for the State/respondent No.1.]
Coram: Hon’ble Barin Ghosh, C.J.Hon’ble Servesh Kumar Gupta, J.
BARIN GHOSH, C.J. (Oral)
Ultimately, a disciplinary order was passed without taking steps to commence, proceed and conclude a disciplinary proceeding as is provided in the Rules. An inquiry was made on the basis of some complaint and in course thereof, private respondent was permitted to give his views on the subject matter of the inquiry. That inquiry held that the views of the private respondent cannot be accepted and, accordingly, on that basis, the disciplinary proceeding was concluded and punishment was awarded. Private respondent succeeded before the Tribunal and hence this writ petition.
Having regard to the fact that the order, incorporating the punishment, can only be awarded after conclusion of a disciplinary proceeding and admittedly, no disciplinary proceeding was initiated in the matter, as contemplated in the Rules, we have no other option but to dismiss this writ petition with the observation only to the effect that the order of the Tribunal as well as the present order will not prevent initiation of an appropriate disciplinary proceeding.
(Servesh Kumar Gupta, J.) (Barin Ghosh, C.J.) 30.12.2013 30.12.2013 P. Singh