IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/B) No. 27 of 2011 S.P. Semwal …………. Petitioner Versus State of Uttarakhand and others .…...……. Respondents Present: Mr. B.M. Pingal and Mr. D.C.S. Rawat, Advocates for the petitioner. Mr. Vinay Kumar, Standing Counsel for the respondents. Coram : Hon’ble Barin Ghosh, Chief Justice Hon’ble V. K. Bist, Judge Date of Decision : 22.02. 2011 Barin Ghosh, C. J. (Oral) The writ petition seeks to challenge an order of suspension. Petitioner has been suspended in contemplation of a disciplinary proceeding. The basic charge prompting the disciplinary proceeding has also been indicated in the order impugned. By the order, an Inquiry Officer has also been appointed. The Inquiry Officer has been asked to frame charge within 15 days from the date of the order but he has not yet framed the charge. 2. Inasmuch as, law authorizes suspension of an employee in contemplation of a disciplinary proceeding and inasmuch as, the order indicates the allegations against the petitioner, which require launching of a disciplinary proceeding, it would not be appropriate on our part to interfere with the order of suspension. However, that part of the order, by which an Inquiry Officer has been appointed and the said Officer has been asked to frame charge against the petitioner are concerned, it appears to us that the same are absolutely impermissible. It is the disciplinary authority alone who is entitled to frame charge and obliged to serve the chargesheet upon the delinquent. Only when the reply to the chargesheet by the delinquent is not satisfactory, the 2 disciplinary authority, if is not inclined to inquire, may delegate his power of inquiry to an Inquiry Officer. In those circumstances, that part of the impugned order appointing an Inquiry Officer and permitting him to frame charge are quashed. 3. The writ petition is, accordingly, allowed partly with a direction upon the disciplinary authority to issue chargesheet within seven days from today, reply thereto by the petitioner within seven days from the date of receipt of the chargesheet, with a further direction upon the disciplinary authority to complete the disciplinary proceeding within three months from the date of receipt of reply to the chargesheet. ( V.K. Bist, J. ) ( Barin Ghosh, C.J.) 22.02.2011 P. Singh