LWPSB/651/2003 of RAJ PAL SINGH Vs STATE and ORS. on 8 December 2003

IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Civil Writ Petition (Lodging No. 651 of 2003) (S/B)

Raj Pal Singh, S/o late Sri Chandra Pal Singh, R/o 60-Prakash, Vihar, Haridwar Road, Dehradun. ………….…….….. Petitioner

Versus

State of Uttaranchal, Through the Principal Secretary, Agriculture, Govt. of Uttaranchal, Dehradun and others ………….…….….. Respondents Mr. P.C. Jhingan, Advocate for the petitioner. Mr. N.B. Tiwari, learned Chief Standing Counsel for the State.

PC:-

Coram: Hon’ble S.H. Kapadia, C.J. Hon’ble M.M. Ghildiyal, J.Date: 08.12.2003:

The petitioner is an officiating Deputy Director, Agriculture. His substantive appointment is in the post of Soil Conservation Officer. He has been suspended pending departmental inquiry for financial irregularities. He applies for stay of the order of suspension. The only contention raised by the petitioner before us is that his co-dilinquents were also given charge-sheet; they were also suspended, but their order of suspension has been stayed by the other Bench of this Court and therefore, the impugned order of suspension should also be stayed. We do not find any merit in this argument. Petitioner was occupying a higher position of Soil Conservation Officer vis-à-vis Co-delinquents. We do not know the circumstances under which the coordinate Bench has stayed the order of suspension. The Government is entitled to hold an inquiry into financial irregularities. With the impugned allegations, petitioner cannot be reinstated with financial powers. Hence, we do not see any reason to interfere with the impugned order of suspension. However, we are directing the Government to complete the inquiry within three months from the date of receipt of this order.

Subject to above, writ petition is rejected.

Gur

(M.M. Ghildiyal, J.)

(S.H. Kapadia, C.J.)