IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 757(S/S)2007 Hariraj Singh Yadav S/o Sri Brij Raj Singh Yadav, Junior Engineer, Minor Irrigation, Block Sahaspur, District Dehradun. ---- Petitioner. Vs. 1. State of Uttarakhand, through its Secretary, Rural Development and Minor Irrigation, Dehradun, District Dehradun, 2. Chief Engineer Minor Irrigation, Dehradun, District Dehradun, 3. Executive Engineer, Minor Irrigation Division, Pauri, Distirct Pauri Garhwal, 4. Chief Development Officer, Dehradun, District Dehradun, 5. Block Development Officer, Sahaspur, District Dehradun. --- Respondents. Sri Rakesh Thapliyal, learned Counsel for the petitioner and Sir Paresh Tripathi, learned Standing Counsel for respondents. Hon’ble M.M. Ghildiyal, J. Heard Sir Rakesh Thapliyal, learned Counsel for the petitioner and Sri Paresh Tripathi, learned Standing Counsel for State of Uttarakhand/respondents. By means of this writ petition, the petitioner has prayed for the following reliefs:- i. Issue a writ, order of direction in the nature of certiorari quashing the impugned order dated 31.05.2007 (annexure-1) issued by the Secretary Govt. of Uttarakhand as well as the impugned order dated 31.05.2007 passed by the Chief Engineer/Head of the Department of Minor Irrigation (annexure-2 to the writ petition), 2 ii. Issue a writ, order of direction in the nature of mandamus directing to the respondents particularly the respondent no. 1 to depute a technical expert for examining whether the work of soling was done or not any only then a further action be taken in this regard, iii. Issue any suitable writ, order or direction which this Hon’ble Court may deem fit and proper on the basis of the facts and circumstances of the case, iv. Award the cost of the petition to the petitioner. Vide order dated 31st may 2007 passed by the Chief Engineer/Head of the Department Minor Irrigation Uttarakhand, Dehradun, the petitioner who is working as Junior Engineer in Minor Irrigation, Block-Sahaspur, Dehradun has been placed under suspension for certain charges. This order was passed pursuant to an order dated 31st May 2007 issued by the Secretary, Govt. of Uttarakhand in which three charges have been leveled against the petitioner, however the petitioner has been placed under suspension for only one charge out of the three charges as mentioned by the Secretary, Govt. of Uttarakhand in its order dated 31st May 2007 directing the Head of the Department to place the petitioner under suspension. I have perused the record and also seen undated report of the Executive Engineer, Minor Irrigation, Pauri from which it illustrates that the Executive Engineer in the inspection of the site carried out on 09.03.2007 has found that the work, in respect of the allegation no. 2 mentioned in the order of Secretary, was duly completed in accordance with the estimate and sanctioned plan. Learned counsel for the petitioner has submitted that in respect of the first allegation made in the 3 order of Secretary, the technical expert has already submitted the report, however he has not filed the report submitted by the technical expert. In these circumstances, I deem it fit and proper to direct the respondents to appoint an Inquiry Officer, conduct inquiry on the charges levelled against the petitioner and pass final order within a period of three months form the date of production of a certified copy of this order. One technical expert shall assist the Inquiry Officer. The petitioner is directed to cooperate with the inquiry and submit a copy of this order before the Disciplinary Authority within 10 days from today. Till the Appointing Authority, takes final decision after holding departmental inquiry against the petitioner, the suspension order shall be kept in abeyance. With these directions, the writ petition is finally disposed of. No order as to costs. (M.M. Ghildiyal, J.) July 4, 2007: NCM: