Uttarakhand High Court
WPSB/448/2003 of ASHOK SHANKAER Vs STATE and ORS. on 29 August 2003
OF HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No.448 (S/B)2003 Ashok Shankar aged about 57 years S/o late Shri Ram Chandra, R/o 25 Chhatta Street,Khurja, Distt. Bulandshr …………………………. Petitioner Versus State of
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IN THE COURT OF HIGH COURT OF UTTARANCHAL AT NAINITALWrit Petition No.448 (S/B)2003
Ashok Shankar aged about 57 yearsS/o late Shri Ram Chandra,R/o 25 Chhatta Street,Khurja,Distt. Bulandshr………………………….Petitioner
Versus
State of Uttaranchal through Secretary,Uttaranchal Payjal Sansadhan Vikas Evam Nirman Nigam,Dehradun, and others…………………………Respondents Mr. D.P. Singh, Mr. V.K. Bisht, Advocates, for the petitionerMr. N.B. Tiwari, learned C.S.C.Sri V.B.S.Negi, Advocate for the Uttaranchal Pai Jal SansadhanVikas and Nirman Nigam.
Coram: Hon. S.H.Kapadia, C.J.Hon. Irshad Hussain, J.Dated: 29.08.2003:
PC:
Petitioner is an Executive Engineer. He was disbursing officer. In the matter of bills of muster employees, petitioner drew a cheque in favour of his Assistant Engineer(in charge). The cheque was of Rs. 6,00,000/-(Rupees Six Lacs). The money has been misappropriated. The cheque was deposited in the private account of one Shri Dinesh Joshi. On 1.8.2003, petitioner has been suspended. We do not know why the cheque was drawn in favour of the Assistant Engineer.
Petition is filed to challenge the order of suspension. Till date, there is no charge sheet. The petition is premature. We do not wish to interfere. Hence, writ petition is liable to be rejected. We do not wish to express any opinion on merits. However, petitioner is due to retire. Hence, we direct filing of charge sheet by 1.10.2003. Theeafter, we direct the inquiry to be completed by 31.1.2004.
Subject to above, the writ petition is rejected.
(Irshad Hussain, J.)
(S.H. Kapadia, C.J.)