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Judgment
Vipin Sanghi, CJ
1) The petitioner is a public servant. The reliefs sought in the present petition are the following :-
“i) Issue a writ, order or direction in the nature of mandamus directing the respondent No. 1 / Disciplinary Authority to provide an opportunity of hearing to the petitioner in the proceedings of charge-sheet dated 25.08.2021 (Annexure No. 5).
ii) Issue a writ, order or direction in the nature of mandamus directing the respondent No. 1 to conclude the proceedings of charge-sheet dated 25.08.2021 in accordance with provisions of Uttarakhand Government Servant (Discipline and Appeal) Rules, 2003.
iii) A writ, order or direction in the nature of certiorari calling for records and quash the money recovery recommendation vide letter dated 31.12.2022 (Annexure No. 11).”
2) Dr. Gupta submits that the third relief would not be open to adjudication by the Tribunal, since recommendation for recovery of Rs.8,42,189.90 against the petitioner, contained in the letter dated 31.12.2022, issued by the District Magistrate, Udham Singh Nagar, is not an order passed against the petitioner. He submits that this recommendation has been made ex parte behind the petitioner’s back, and without notice to him, while enquiring into the complaint against one Heera Ballabh Joshi. At the same time, he submits that the Enquiry Officer has made the report, forwarded to the petitioner vide letter dated 27.03.2023, which has also found the aforesaid amount recoverable from the petitioner.
3) Since the enquiry report against the petitioner finds aforesaid amount recoverable from the petitioner, it is open to the petitioner to take appropriate steps in relation to the said enquiry report before the Uttarakhand Public Services Tribunal.
4) We are, therefore, not inclined to entertain the present petition. We, however, make it clear that the aforesaid observations should not be construed as a reflection on the merits of the petitioner’s claim, one way or another.
5) Petition stands disposed of in the aforesaid terms.