BRIJENDRA KUMAR AND MAHESH KUMAR KHARE Vs. STATE OF UTTARAKHAND AND ANOTHER
LAWS(UTN)-2012-3-90
HIGH COURT OF UTTARAKHAND
Decided on March 22,2012

Brijendra Kumar And Mahesh Kumar Khare Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

U.C. Dhyani, J. - (1.) IT cannot be said that the charges as framed, for which petitioners have been suspended, are such charges that, even if the same are proved, the same may not entail major punishment. It was contended, that the allegation was that the petitioners have not been able to achieve the standard and accordingly, according to the Government Order, such failure would tantamount to misconduct resulting in awarding of minor punishment and for such misconduct, according to Rules, no one can be suspended. We have read the suspension order and have found that the charge was not failure to achieve the standard, but the charge was not adhering to the standard prescribed. In the event, a person has not adhered to the standard prescribed, he can only be awarded a minor punishment, has not been brought on record. In the circumstances, there is nothing to be done in these writ petitions, except issuing direction for conclusion of the disciplinary proceedings at an early date which will enure to the benefit of the employer as well as employees. Since the charge -sheets in the disciplinary proceedings have been issued and, since replies thereto have been given, we direct the disciplinary authority to conclude the disciplinary proceeding as quickly as possible, but not later than six months from the date of service of the copy of the order upon the disciplinary authority. It is made clear that if at the enquiry stage petitioners do not cooperate, it shall be open to the disciplinary authority / Enquiry Officer to proceed with the inquiry ex parte.;


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