Extracted from the PDF above. The PDF is authoritative.
2025:UHC:6654-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
30.07.2025
WPSB/249/2021 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J.
(Per: Hon’ble Manoj Kumar Tiwari, J.)
Mr. Mukesh Kumar Kapruwan, Advocate for the petitioner.
2. Mr. Rahul Verma, Additional Advocate General for the State of Uttarakhand / respondents.
3. Petitioner was serving as Assistant Engineer in Public Works Department. He was put under suspension vide
order dated 22.06.2021 in contemplation of disciplinary enquiry. Feeling aggrieved by the suspension
order dated 22.06.2021, petitioner filed this writ petition in 2021.
4. Learned State Counsel, on instructions, made a statement today that during pendency of the writ petition, petitioner passed away on
31.05.2025. He further submits that although charge-sheet was issued to petitioner on 16.09.2021, however, the disciplinary proceedings could not be completed and the competent authority has directed for releasing the retiral dues after withholding a sum of ` 3,74,675/- from the amount payable as gratuity to the dependants of petitioner. He further
2025:UHC:6654-DB submits that direction to release family pension has also been issued by the competent authority on 21.07.2025.
5. After death of petitioner, the challenge to the suspension order, do not survive. Even otherwise also, suspension is not a punishment and in the absence of any interim order passed in favour of the petitioner, relief as claimed by the petitioner, do not survive.
6. The writ petition is disposed of with liberty to the dependents of the petitioner to make representation for release of the amount, if any, withheld from the terminal dues payable to the petitioner.
7. We have not examined the claim of the State Government for deducting certain amount from the gratuity payable to the petitioner.
(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.)
30.07.2025 Navin
NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e4403d3c0 a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095C6ED9 A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.07.31 10:32:39 +05'30'