WPSS/1089/2008 of SMT KELA DEVI Vs STATE AND OTHERS on 31 December 2008

HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition No. 1089 of 2008 (S/S)

Smt. Kela Devi

….Petitioner.

Versus

State of Uttarakhand and others

....Respondents.

Mr. Jitendra Chaudhary, learned counsel for the petitioner. Mr. N.P. Sah, learned Standing Counsel for the respondents.

31st December, 2008

Hon’ble Sudhanshu Dhulia, J.

Heard the learned counsels for the parties.

The petitioner is a Headmistress of a primary school situated at Bajpur Gaon, Tehsil Bajpur, District Udham Singh Nagar. On 22.10.2008, some children who were studying in the school were injured as part of construction of a freshly constructed room fell down. Since, children were injured, authority concerned suspended the petitioner from service vide order dated 23.10.2008. In the order of suspension, it has been stated that the disciplinary proceedings is contemplated against the petitioner.

In the counter affidavit, which has been filed by the State Government, nothing has been stated as to whether the disciplinary proceedings have been started against the petitioner and the Enquiry Officer has been appointed or not.

The specific case of the petitioner is that even after one and a half months, the disciplinary proceedings are under contemplation and no chargesheet has been given to the petitioner.

On the rival contentions made by the learned counsels for the parties in this regard, this Court finds it fit and proper to direct the authority concerned to initiate the disciplinary proceedings against the petitioner within a period of two months from today. It is made clear that the chargesheet, if any, will be handed over to the petitioner within a period of two months from today and subsequently thereafter, within a period of three months, the enquiry will be completed and depending upon the findings in the enquiry report, the concerned authority may take an appropriate action.

It is also made clear that in case, the disciplinary proceedings are not initiated against the petitioner within two months from today i.e. 31.12.2008 by 5.3.2009, the suspension order dated 23.10.2008 will be deemed to have been vacated.

With the above directions, writ petition is disposed accordingly.

31.12.2008 Avneet

(Sudhanshu Dhulia, J.)