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2025 DAILYLAW 4125 (UTT)

RAJEEV PANDEY v. STATE OF UTTARAKHAND

WPSS/427/2024 · 2025-05-06

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 427 of 2024 (S/S) Rajeev Pandey ….......Petitioner Vs. State of Uttarakhand and others …..... Respondents Present : Mr. R.C. Tamta, Advocate for the petitioner. Mr. N.S. Pundir, D.A.G. for the State. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) The challenge in this petition is made to suspension approval order dated 02.03.2022, passed by the respondent no.3, the Chief Education Officer, Dehradun, and suspension order dated 03.03.2022, passed by the respondent no.5, the Committee of Management, through its Manager, Sanjay Public Inter College, Dehradun. 2. Heard learned counsel for the parties and perused the record. 3. It is the case of the petitioner that he was working as Assistant Teacher, Social Studies, in the Sanjay Public Inter College, Karbari, Dehradun, which is under the respondent no.5, the Committee of Management. By the impugned order, he was suspended, which is challenged. It is more than three years now that the suspension orders are in existence. 2 4. Learned counsel for the petitioner would submit that on 18.03.2024, the suspension orders were stayed by the order of the Court, but despite that, the suspension orders have not been revoked by the petitioner. 5. On 30.04.2025, this Court had posed two questions to learned State Counsel, which are as follows:- “(i) Whether any enquiry has been contemplated? (ii) If any enquiry has been contemplated, has it progressed further? If so, give its details.” 6. Today learned State Counsel gives a statement that the respondent no.5, the Committee of Management, has submitted the enquiry report on 06.02.2025. Now a final decision is to be taken on it in the near future. 7. The petitioner was suspended three years back. On 18.03.2024, this Court had stayed the operation of the suspension orders, but now the enquiry has been completed. No purpose would be served if the suspension orders are kept alive now. Therefore, to that extent, the writ petition deserves to be allowed, accordingly. 8. The writ petition is allowed. 9. The impugned suspension orders are set aside. 3 10. However, the respondent-authority shall take a decision on the enquiry report without any delay. (Ravindra Maithani, J.) 06.05.2025 Ravi Bisht