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2025 DAILYLAW 14158 (UTT)

SHANKAR DEEP v. STATE OF UTTARAKHAND

WPSS/1769/2025 · 2025-10-29

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:9516 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1769/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Shobhit Saharia, learned counsel for the petitioner. 2. Mr. Rajeev Singh Bisht, learned Additional C.S.C. for the State of Uttarakhand. 3. Petitioner is serving as Village Panchayat Development Officer in a Gram Panchayat in District Haridwar. He has been put under suspension in contemplation of disciplinary enquiry, vide order dated 10.10.2025. Thus, feeling aggrieved, petitioner has approached this Court. 4. The charge against petitioner is that due to his negligence, sub-standard construction of a road was done in Village Akhora Khurd and when the matter was highlighted by a public man and an enquiry was on, with a view to destroy evidence, petitioner reconstructed the road along with the concerned Junior Engineer. Thus, interfered with the pending enquiry. 5. Learned counsel for the petitioner submits that petitioner is not responsible for any sub-standard work of road, as it is the job of concerned Junior Engineer. 6. Per contra, learned State Counsel submits that suspension is not a punishment in the eyes of law and suspension is ordered with a view to prevent a Government Servant from 2025:UHC:9516 interfering with the disciplinary enquiry. He further submits that whether petitioner is innocent, as alleged by him or he is equally responsible with the concerned Junior Engineer, would be seen in the disciplinary enquiry and any interference with the suspension order at this stage would send a wrong signal. 7. This Court finds substance in the said submission made by learned State Counsel. Having regard to the nature and gravity of charge against the petitioner, it cannot be said that suspension order was passed without application of mind. Since suspension is no punishment in the eyes of law and if petitioner is found innocent in the disciplinary enquiry, he will get all benefits and the suspension order would also be revoked. Thus, there is no scope of interference in the matter. 8. Accordingly, the writ petition fails and is dismissed. (Manoj Kumar Tiwari, J) 29.10.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369 512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1 FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.10.29 06:00:29 -07'00' 2025:UHC:9516