- (1.) HEARD Sri Lokendra Dobhal Adv. and Sri Deepak Sharma, learned coun sel for the petitioners and Sri Sharad Sharma, learned counsel for the respondents/cantt. Board.
(2.) BOTH the petitioners are aggrieved against the suspension order / order de creasing the subsistence allowance and against the inquiry report, thus all the three writ petitions were clubbed and are being decided by a common judgment. Sri Ashish Rawat, Accountant Cantonment Board, Clement Town, Dehradun and Sri Subhash Singh Kharola, Office Superintendent, Canton ment Board, Clement Town, Dehradun were placed under suspension, pending inquiry, by the Cantonment Executive Officer vide its order dated 21st Janu ary 2003. Sri Ashish Rawat filed writ pe tition no. 143 (SB) 2003 challenging his suspension order and the Division Bench of this Court while disposing of the writ petition on 11-03-2003 directed the re spondent's authority to serve charge sheet upon the petitioner within a period of two weeks and conclude the inquiry within a period of two months. The in quiry could not be completed within three months, and the Board passed resolution on 06-06-2003 to decrease payment of subsistence allowance to the petitioner @ 25% w. e. f. 21-04-2004. The decision was communicated by the Cantonment Executive Officer vide or der dated 19-06-2003. Sri Ashish Rawat, the petitioner in writ petition no. 471 (SS) 2003, has challenged the order dated 19- 06-2003 by which payment of subsistence allow ances was decreased @ 25% w. e. f. 21-04-2003. This Court on 21-07-2003 stayed operation of the order dated 19-06-2003. Sri Subhash Kharola, Office Superintendent also challenged the sus pension order dated 21st January 2003 in writ petition no. 873 (SS) 2003 and this Court on 27th August 2003 stayed operation of order dated 21-01-2003 by which Sri Kharola was placed under sus pension. The suspension order of the petitioners was passed by the Canton ment Executive Officer in pursuance of the resolution of Cantt. Board dated 20th January 2003. The charges against both the petitioners were same.
(3.) IN the earlier writ petition no. 143 (SB) 2003 filed by Sri Ashish Rawat, the respondents were directed to conclude the inquiry within two months. Since the inquiry could not be completed and the Board has alleged that the inquiry was prolonged due to the fault of Sri Ashish Rawat, they passed order for decreasing the subsistence allowance, which was stayed by this Court in writ petition no. 471 (SS) 2003. Sri Ashish Rawat filed another writ petition bearing no. 1343 (SS) 2004 with the prayer to issue a writ, order or direction in the nature of certiorari quashing the suspension order dated 21-01 -2003 passed by the Cantonment Executive Officer and also to quash the inquiry report dated 05-02-2004 submitted by the INquiry Author ity, Cantonment Board, Clement Town, Dehradun. The grounds of assailing the sus pension order by Sri Ashish Rawat are of two folds. Firstly, though Sri Ashish Rawat and Sri Subhash Singh Kharola were suspended for the same charges, Sri Kharola obtained stay order from this Court and pursuant to the stay order, the Cantonment Board has reinstated Sri Kharola in the service. Secondly, the suspension order was passed on 21-01-2003 and more than three years have elapsed but Sri Ashish Rawat is still under suspension. It is contended on behalf of Sri Rawat that it is a well set tled law that a person cannot be placed under suspension for an indefinite pe riod.;