DHEERAJ SINGH Vs. UTTARAKHAND SANSKRIT UNIVERSITY

JUDGEMENT

(1.) Petitioner has challenged the suspension order dtd. 16/8/2023, passed by respondent-University, whereby the petitioner was placed under suspension and was attached to the Central Library of the University (annexure-6 to the writ petition).

(2.) Heard learned counsel for the parties.

(3.) It is contended by learned counsel for the petitioner that petitioner was placed under suspension even when no inquiry was contemplated and the charge-sheet was handed over to the petitioner on 9/1/2024 after almost five months from the date he was placed under suspension. He further contended that the services of the petitioner is governed by the Uttarakhand Government Servant (Discipline and Appeal) Rules, 2003, which fact is not disputed by learned counsel for the respondent, therefore, the suspension order is bad in law, inasmuch as the same was not passed in contemplation of the inquiry. He also contended that the charges as expressed from the charge-sheet dtd. 9/1/2024, annexure-7 to the writ petition, are not serious enough which would result into major penalty as contemplated under the Rules, therefore, in view of Rule 4 (1) of the Uttarakhand Government Servant (Discipline and Appeal) Rules, 2003, (hereinafter referred as 'the Rules') a government servant cannot be placed under suspension in a routine manner. Rule 4(1) of the Rules is quoted hereunder:-