UDAY PRATAP SINGH Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
UDAY PRATAP SINGH
State of Uttarakhand and others
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(1.) Heard Sri Subhash Upadhyaya, the learned counsel for the petitioner and Sri N.S. Pundir, the learned Brief Holder for the State. This group of petitions raise a common question and are being decided together. For facility, the facts in Writ Petit ion No. 1364 (S/S) of 2011 is being taken into consideration.
(2.) The petitioner is aggrieved by the order dated 21st April, 2011, by which an Enquiry Officer was appointed in contemplation of the disciplinary proceedings being initiated against the petitioner. The petitioner is also aggrieved by the order dated 20th July, 2011, by which the disciplinary authority suspended the petitioner and directed the Enquiry Officer to issue a charge sheet under his signature.
(3.) The facts leading to the filing of the writ petition is, that the petitioner was initially appointed as an Assistant Agriculture Officer Group II in the year 1994 and was posted under Project Officer (Agriculture), Pithoragarh. It is alleged that since 1994 till date, the petitioner has an unblemished record and that there is no adverse entry against him. In the year 2010, the petitioner was transferred from Haridwar to Chamoli and, since then, was working under the Chief Agriculture Officer, Chamoli. On 25th November, 2010, the Director, Agriculture, Uttarakhand, passed an order indicating that disciplinary proceedings was being initiated against certain employees including the petitioner on the basis of some complaint levelled against them with regard to the distribution of the seeds. The petitioner replied to the show cause notice denying the charge contending that he was not involved in the distribution of the seeds and that he was only required to receive the stock from the concerned agency and to hand over the said stock to the godown incharge. On 21st April, 2011, the disciplinary authority appointed an Enquiry Officer pending contemplation of the disciplinary proceedings and issuance of a charge sheet. The disciplinary authority, by an order dated 20th July, 2011, issued the suspension order and directed the Enquiry Officer to frame the charge sheet under his signature and proceed accordingly against the petitioner. The petitioner, being aggrieved by the aforesaid two orders, has filed the present writ petition.;
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