BIRENDRA SINGH BISHT S/O LATE BACHAN SINGH BISHT, R/O VIJAY GRAM, GRAM SABHA-DHALWALA, POST OFFICE RISHIKESH, TEHRI GARHWAL Vs. STATE OF UTTARAKHAND THROUGH SECRETARY GRAMYA VIKAS, DEHRADUN,
LAWS(UTN)-2012-4-80
HIGH COURT OF UTTARAKHAND
Decided on April 03,2012

Birendra Singh Bisht S/O Late Bachan Singh Bisht, R/O Vijay Gram, Gram Sabha -Dhalwala, Post Office Rishikesh, Tehri Garhwal Appellant
VERSUS
State Of Uttarakhand Through Secretary Gramya Vikas, Dehradun, Respondents

JUDGEMENT

Barin Ghosh, J. - (1.) PETITIONER is under suspension since 12th April, 2010. Petitioner has been suspended in contemplation of a disciplinary proceeding. The disciplinary proceeding was initiated by issuing a charge -sheet dated 9th August, 2010. Petitioner has given a reply to the charge -sheet as well as supplementary reply thereto. The supplementary reply was given on 12th January, 2011. Respondent No. 2 has been appointed as Inquiry Officer to inquire into the charges levelled in the charge -sheet. The inquiry has not yet been concluded and, as a result, disciplinary proceeding has not reached to its conclusion. That appears to be the first grievance of the petitioner. The second grievance of the petitioner is that the petitioner is being paid subsistence allowance at the rate of 50% of his emoluments, whereas in accordance with the amended Rules, after expiry of six months of suspension, petitioner is entitled to 75% of his emoluments as subsistence allowance, which has not been given to the petitioner. These facts appear to be are not in dispute and, accordingly, writ petition is disposed of by directing respondent No. 2 to complete the inquiry as quickly as possible with a further direction upon respondent No. 1 to conclude the disciplinary proceeding also as quickly as possible. Respondent No. 1 is further directed to release in favour of the petitioner subsistence allowance in accordance with Rules, i.e. @ 75% of his emoluments after expiry of six months of his suspension. Respondent No. 2 is directed to fix the sitting of the inquiry within fifteen days from the date of receipt of a copy of this order and is directed to conclude the inquiry thereafter preferably within three months therefrom. The disciplinary authority is directed also to conclude the disciplinary proceeding within a period of two months from the date of receipt of the inquiry report. It is hoped and expected that the arrears of subsistence allowance shall be released to the petitioner as quickly as possible but not later than one month from the date of service of a copy of this order upon the appropriate drawing and disbursing officer.;


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