H IGH COURT OF UTTARANCH AL AT NAINITAL Writ Petition No. 1334 (S/ S) 2004 Devendra Singh S/ o Sri Jagroshan Singh, Presently posted as Assistant Jalagam Manager, (Formerly Assistant Soil Conservation Inspector), Sub Unit Purola C/ o Office Assistant, Director, Jalagam Prabandh Unit Barkot, District Uttarkashi. … Petitioner Versus 1. State of Uttaranchal through Secretary, Agriculture, Secretariat Complex, Dehradun. 2. Director, Agriculture, Camp – Prem Nagar, Nanda ki Chawki, Dehradun. 3. Sri Madan Lal, Incharge, Director Agriculture, Camp – Prem Nagar, Nanda ki Chawki, Dehradun. 4. Chandan Singh Mehra, Inquiry Officer, Joint Director, at Camp – Prem Nagar, Nanda ki Chawki, Dehradun. 5. Joint Director, Agriculture, Garhwal Mandal, Pauri, District – Pauri. 6. Assistant Director, Jalagam, Jalagam Prabandhan Unit, Barkot , District Uttarkashi. … Respondents Sri Navneet Kaushik, learned counsel for the petitioner. Learned Standing Counsel for respondents no. 1, 2, 5 and 6. H on ’ble M.M. Gh ild iya l, J . Heard Sri Navneet Kaushik, learned counsel for the petitioner and learned Standing Counsel. By means of this writ petition, the petitioner has prayed for issuance of direction in the nature of certiorari quashing the order dated 23.06.2004 (annexure no. 1 to the writ petition) passed by opposite party no. 3, Director, Agriculture. By order dated 23.06.2004 recovery of sum of Rs 68,260/ - is sought to be recovered from the petitioner’s salary and the immediate officer of the petitioner has been asked not to take any responsible work from the petitioner for next three years. This order was passed after the inquiry was conducted against the petitioner. The petitioner was found guilty. The petitioner has submitted that he has already availed the alternative remedy by way of filing appeal before the Secretary, agriculture under Rule 11 of the Uttaranchal Government Servant (Discipline and Appeal) Rules 2003. The appeal is still pending and has yet not been decided. Since the petitioner has already availed the alternative remedy under Rule 11 of the Uttaranchal Government Servant (Discipline and Appeal) Rules 2003, the Appellate Authority is till the disposal of appeal, the recovery from the petitioner shall not be made. With these direction the writ petition is finally disposed of. No order as to costs. (M.M. Gh ild iya l, J .) November 22, 2004: NCM: