IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WPSB No.164 of 2010 (S/B) Devendra Kumar ………..Petitioner Versus State of Uttarakhand & others ….Respondents Mr. Ajay Veer Pundir, Advocate for the petitioner. Mr. H.M. Raturi, Standing Counsel for the State. Dated: 18th August, 2010 Coram: Hon’ble Barin Ghosh, C.J. Hon’ble V.K. Bist, J. Barin Ghosh, C.J. (Oral) Petitioner, an employee of the State Government, was dismissed by an order dated 23rd December, 2000, upon conclusion of the disciplinary proceedings. Challenging the said order, petitioner approached the Public Services Tribunal Uttarakhand, Dehradun. Before the Tribunal, petitioner had also prayed for quashing of the charge sheet. While, however, concluding the matter, the Tribunal did not quash the charge sheet. It quashed the punishment order dated 23rd December, 2000 and the show cause notice dated 7th December, 2000, which required the petitioner to show cause against the proposed punishment. The Tribunal also quashed the Appellate 2 order. In the premises, the Tribunal upheld the charge sheet and all proceedings, including the proceedings at the inquiry stage, but quashed everything subsequent thereto. The Tribunal directed the Disciplinary Authority to issue fresh show cause notice i.e. notice requiring the petitioner to show cause against the proposed punishment. The Tribunal directed completion of the disciplinary proceedings within six months. It appears that though the order of the Tribunal was passed on 21st May, 2008 but, as yet, no further action has been taken, although in terms of the order of the Tribunal, the petitioner has been reinstated. In the present writ petition, the petitioner is seeking salary for the period between 23rd December, 2000 i.e. the date when he was dismissed, until the date of his reinstatement in terms of the order of the Tribunal dated 21st May, 2008. 2. We think, in the facts and circumstances of the case as narrated about, it would be proper to dispose of the writ petition by directing the Disciplinary Authority to issue a fresh show cause notice in terms of the order of Tribunal with which a copy of the enquiry report should be enclosed, as quickly as possible, but not later than three months from the date of submission of a copy of this order upon the Disciplinary Authority and thereupon to conclude the matter within six months therefrom when the claim of the petitioner for salary as above, shall also be considered . In the event, no such show cause is issued, it shall be deemed that the Disciplinary Authority does not want to proceed further against the petitioner, and accordingly, the petitioner shall be entitled as a matter of course to salary for the said period. (V.K. Bist, J.) (Barin Ghosh, C.J.) 18.08.2010 18.08.2010 NCM