Rajeev Kumar vs State of Uttarakhand and Another

Hon''ble Sudhanshu Dhulia, J.—Heard Mr. D.S. Patni, learned Counsel for the Petitioner and Mr. H.M. Raturi, learned Standing Counsel for the State of Uttarakhand.

The Petitioner was a "Patwari". His services were put under suspension on 13.05.2010. An F.I.R. was lodged against him and the Petitioner is now facing trial. The Petitioner was arrested and consequently, under Rule 4 (3) (a) of the Uttaranchal Government Servant (Discipline and Appeal) Rules, 2003, he was deemed to be suspended.

Rule 4 (3) (b) of the Uttaranchal Government Servant (Discipline and Appeal) Rules, 2003 provides as under:

(b) The aforesaid Government Servant shall, after the release from the custody, inform in writing to the Competent Authority about his detention and may also make representation against the deemed suspension. The Competent Authority shall after considering the representation in the light of the facts and circumstances of the case as well as; the provisions contained in this rule, pass appropriate order continuing the deemed suspension from the date of release from custody or revoking or modifying it.

Under the aforesaid provisions, the Petitioner has moved an application to the appointing authority.

However, no decision has been taken by the appointing authority.

The Petitioner restricts his prayer for a direction from this Court to the District Magistrate, Udham Singh Nagar (Respondent No. 2) to take a decision on the application of the Petitioner under Rule 4 (3) (b) of the Uttaranchal Government Servant (Discipline and Appeal) Rules, 2003.

Mr. H.M. Raturi, learned Standing Counsel appearing for the State of Uttarakhand has very fairly submitted that such direction may be issued to Respondent No. 2 and the matter may be disposed of at the admission stage itself.

In view of the above observation, the writ petition is disposed of with a direction to the appointing authority to take a decision on the application of the Petitioner moved under Rule 4 (3) (b) of the Uttaranchal Government Servant (Discipline and Appeal) Rules, 2003 as expeditiously as possible but definitely within a period of four weeks'' from the date a certified copy of the order is produced before him.

No order as to costs.