RAKESH KUMAR Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) IN contemplation of a disciplinary proceeding, appellant has been suspended. Law made by the State Government in relation to suspension, requires exercise of authority to suspend only when charges are grave in nature. In the order of suspension, therefore, the nature of the charges has been indicated in order to highlight that the same are grave in nature. Therefore, in so far as requirement of law for passing an order of suspension has been complied with. In the suspension order, however, it has been stated that the charge sheet has been prepared and the same has been handed over to the Enquiry Officer, who has been appointed as such by the order of suspension itself. This is not permissible in law and is diagonally opposite to what has been provided in the law governing the subject made by the State Government. In the writ petition the petitioner highlighted, amongst others, this aspect of the matter. The writ petition has been dismissed on the ground that the enquiry has already been initiated. The fact remains that enquiry can only be initiated in terms of the law made by State Government only after the charge sheet has been issued to the delinquent and not before that. The order of suspension impugned in the writ petition clearly indicates that the charge sheet has not yet been issued to the appellant giving him an opportunity to deal with the same, and accordingly, the finding recorded by the writ court that enquiry has already been initiated is per se not sustainable.

(2.) WE , accordingly set aside the judgment and order under appeal.