High CourtsSingle Bench(2011) 11 SHI CK 0290

Onkar Singh vs Chaudhary Sarwan Kumar and Krishi Vishva Vidyalaya

High Court Of Himachal Pradesh · Decided on 29 November 2011

HON’BLE JUDGES
V.K. Sharma, J
CASE NUMBER
CWP (T) No. 9100 of 2008

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Judgment

4 paragraphs · 263 words

V.K. Sharma, Judge

1.

The petitioner had joined employment of the respondent-University as Field Assistant on the strength of his status as a member of a Scheduled Tribe, vide certificate dated 21.9.1989, Annexure A-1. However, later on the said certificate was cancelled. Consequently, disciplinary proceedings were initiated against the petitioner by the respondent-University on the ground that he had obtained employment on the basis of a false Scheduled Tribe Certificate. The petitioner joined the inquiry, which culminated on submission of report dated 28.8.2000, Annexure A-6, on the basis of which, show cause notice dated 28.12.2001, Annexure A-7 was issued to him to which he did not file any reply and instead approached the erstwhile H.P. State Administrative Tribunal by way of an Original Application which on abolition of the said Tribunal has been transferred to this Court and registered as CWP(T) No. 9100 of 2008.

2.

It is by now fairly settled that departmental proceedings cannot be likely interfered with by the Courts and that too at a belated stage, when the inquiry report has already been submitted.

3.

In view of the above, the petition is disposed of with liberty reserved to the petitioner to submit reply to the impugned show cause notice dated 28.12.2001, Annexure A-7 and contest the departmental proceedings from that stage onwards in accordance with law. However, the respondent-University shall ensure that the inquiry proceedings are finally concluded as expeditiously as possible and in any case within three months from the date of production of copy of this judgment by the petitioner before the Registrar of the respondent-University.