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Registrar’s order with
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WPSS No.719 of 2024
Hon’ble Pankaj Purohit, J.
Mr. Anup Kumar Verma, learned counsel for the
petitioner.
2. Mr. Narayan Dutt, learned Standing Counsel for the
State.
3. Mr. Sandeep Kothari, learned counsel for respondent
no.3.
4. Mr. Vikas Bahuguna, learned counsel for respondent
no.4.
5. Ms. Seema Sah, learned counsel for respondent no.5
(appeared through V.C.).
6. Heard learned counsel for the parties.
7. By means of this writ petition, petitioner has sought
the indulgence of this Court for a direction to the respondent
no.1 to decide the Departmental Appeal of the petitioner
dated 18.11.2023 filed under Rule 11 of the Uttarakhand
Government Servant (Disciplinary and Appeals) Rules,
2003 as amended 2010 within stipulated period.
8. It is the case of the petitioner that petitioner is serving
with respondent no.5 as Executive Officer. Petitioner was
proceeded departmentally in a departmental proceedings
which resulted into punishment of censure and recovery of
an amount of Rs.1,81,000/- in 12 equal installments of
Rs.15,083/-.
9. Petitioner feeling aggrieved by the said order
preferred an appeal as stated above before the respondent
no.1-Principal Secretary, Urban Development Uttarakhand.
10. The grievance of the petitioner is that statutory
appeal of the petitioner was preferred on 18.11.2023, but the
2
learned appellate authority has not passed any interim order
in favour of the petitioner in the appeal on the one hand and
on the other hand, the appeal is still pending consideration
and the petitioner has been facing the recovery of the
amount which has been inflicted upon him under
punishment order. Feeling aggrieved, petitioner is before
this court with the aforesaid prayers.
11. Learned State Counsel has no objection if a direction
is issued to the respondent authorities to decide the statutory
appeal expeditiously within stipulated period.
12. Having considered the rival contention of learned
counsel for the parties and going through the writ petition
and annexures, the writ petition is disposed-off finally with
a direction to the respondent no.1 to decide the statutory
appeal dated 18.11.2023 of the petitioner filed under Rule
11 of the Uttarakhand Government Servant (Disciplinary
and Appeals) Rules, 2003 as amended in 2010 within a
period of three months from the date of production of
certified copy of this order.
14. It is made clear that during the pendency of the
statutory appeal, no recovery shall be made from the
petitioner towards the amount which was inflicted under
punishment.
(Pankaj Purohit, J.)
30.04.2024
AK