2025:UHC:11350 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PSS/ 3 9 8 / 2 0 2 3 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Mr. Anup Kumar Verma, learned counsel for the petitioner. 2. Mr. Narayan Dutt, learned Standing Counsel for the State of Uttarakhand. 3. Mr. Yogesh Kumar Pacholia, learned counsel for respondent no. 5. 4. Petitioner was serving as Executive Officer in Nagar Panchayat, Dwarahat, District Almora at the time of his suspension, vide order dated 21.01.2023. Challenging his suspension, petitioner filed this writ petition. The challenge to the suspension order is mainly on the ground that it is passed by Director and not the Secretary, who is the Appointing Authority. 5. Learned counsel for respondent no. 5, however, submits that Appointing Authority of the petitioner is Director, as he is a member of Centralised Service, who are appointed by Director, Urban Development. 6. The first ground of challenge is without any substance, as the Rules also provide that Director is the Appointing Authority. 7. Even otherwise also, there is no law which provides that only the Appointing Authority can pass an order of suspension. Suspension is no punishment in the eyes of law, therefore, order of suspension can also be passed by Controlling Authority. Since reportedly 2025:UHC:11350 petitioner has retired from service from Nagar Palika Parishad, Gadarpur, District Udham Singh Nagar on 30.06.2025, therefore, life of suspension order has come to an end. No useful purpose would be served by keeping the writ petition pending. 8. Law is well settled that Disciplinary Enquiry, if initiated, against a Government Servant before his retirement may continue post retirement also, therefore, the writ petition is disposed of by providing that the Disciplinary Enquiry, if pending, may be concluded as early as possible, within nine months from the date of presentation of certified copy of this order. 9. Petitioner is directed to extend full cooperation and in case, petitioner does not appear before Enquiry Officer for three consecutive dates, then the Enquiry Officer will be at liberty to proceed ex-parte and submit a report. ( Man oj Ku m ar Tiw ar i, J) 18.12.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a 3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22 DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.12.18 04:30:41 -08'00' 2025:UHC:11350