LAWS(UTN)-2018-4-82

PRADEEP KUMAR Vs. STATE OF UTTARAKHAND

Decided On April 02, 2018
PRADEEP KUMAR Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) The petitioner is a routine grade clerk working respondent no.5, he feeling himself aggrieved by the order dated 02.07.2016 as passed by Respondent No.4, seeks to challenge the same by virtue of the present petition.

(2.) By impugned order dated 007.2016, the petitioner has been placed under suspension for the precise charges of irregularities of non-compliance of orders, causing financial loss to society, making fraudulent signature of Secretary and Manager presenting himself before SLAO as Secretary giving consent for quantum of compensation thus causing loss etc., which have been leveled against him in the impugned order of suspension passed by Secretary, Raja Mahendra Pratap Snaatkottar Mahavidhyalaya, Gurukul Narsan, District Haridwar. By virtue of the order, an Enquiry Committee has already been directed to be constituted and he had been made entitled for the allowances as admissible for a suspended employee.

(3.) Learned counsel for the petitioner has raised two fold arguments. Firstly, he submits that the suspension order cannot be sustained for the reason that the same has been passed by the Secretary of the College, who is not the appointing authority; secondly, the impugned order of suspension is not tenable as there was no prior approval, was taken from the District Inspector of Schools (now designated as the Chief Education Officer) prior to passing the impugned order.