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Judgment
Justice Dharam Chand Chaudhary, Judge
The petitioner by way of the present writ petition in the nature of pro bono public has made the following prayer:-
i). That the writ in the nature of mandamus may kindly be issued directing the respondents No. 1 to 4 to culminate the proceedings initiated against the respondent No. 5 on 24.06.2008 as per annexure ''P-2'' and further the direction be issued to the respondent Nos. 1 to 4 to reconsider the issue of revocation of suspension of the respondent No. 5 as per order dated 13.04.2012 on the material before it and in case, the order dated 13.04.2012 is not to be reviewed, in that case, the respondent No. 5 may kindly be ordered to be posted outside District Mandi and my kindly be posted at Dat Nagar in District Shimla where the post is lying vacant in the interest of justice.
The petitioner, an ex-employee of the 3rd respondent, seems to be aggrieved from slow progress in Departmental Inquiry initiated against the 5th respondent pursuant to registration of FIR No. 10 of 2002 against him on the allegation of embezzlement of lacs of rupees belonging to his employer i.e. the 3rd respondent in respect of the Milk Procured at Milk Collection Centre (MCC), Kataula under Milk Plant Chakkar, District Mandi w.e.f. April 1990 to December 1990 and w.e.f. 1.1.2007 to 30.11.2007 in respect of Milk Processing Plant, Dhagwar and thereby caused huge financial loss to the said respondent and unlawful gain for himself. The petitioner though has been charge sheeted vide charge sheets Annexure P-1 and Annexure P-2, however, the inquiry being conducted against him has not yet been completed to the reason best known to the 3rd respondent.
In short reply filed on behalf of the 3rd and 4th respondents, it is averred in paras 2 and 3 as under:-
That the Inquiry Officer Appointed in the case have been requested to complete the inquiry with in 6 months as ordered by this Hon''ble Court in the case titled as D.S. Chauhan Versus HP Milkfed and others in CWP No. 1791/2012 a copy of the same is annexed as Annexure R-1.
That the representations received from Shri Rakesh Pathak Asstt. Manager, Mandi Unit and Subhash Chand, Peon working at Dairy Plant Chakkar were Annexure P-11 & P-12 were placed before the Board of Directors in its 117th meeting held on 30.5.2012 and the Board of Directors has resolved as Under:
The Board of Directors discussed the matter in detail and resolve to :-
That, since the matter is pending in the Court and the decision of the court be implemented accordingly. Hence at present there is no need to shift Shri A.K. Sanyal, Sr. Manager (Plants) from Milk Processing Plant Mandi at Chakkar to any other place and further action be taken in accordance of the Order of the Hon''ble High Court.
On hearing learned counsel on both sides and going through the record, in the nature of the order we propose to pass, there is no need for us to go into the merits of the case and to deal with each and every aspect of the matter as highlighted in the writ petition. However, we note it with anguish and pain that in this matter the charge-sheets Annexures P-1 and P-2 were served upon the 5th respondent long back on 26.7.2007 and 24.6.2008, respectively. The desired progress to culminate the Inquiry proceeding, however, is not there. We thus find the present a fit case where the 3rd and 4th respondents deserve to be directed appropriately to complete the same in a time bound manner.
Accordingly, there will be a direction to the 3rd and 4th respondent to complete the disciplinary proceedings within a period of six months from today. The delinquent officer i.e. the 5th respondent shall not influence the witnesses or inquiry proceedings or tamper with the evidence, in any manner whatsoever and hence the 3rd respondent is further directed to transfer him out forthwith from District Mandi and post him in its plant at Dattnager in District Shimla. With the above observations, the writ petition is disposed of, so also the pending application(s), if any.