IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 100 of 2011 (S/B) Mahesh Kumar Gupta ….…… Petitioner Versus The State of Uttarakhand and another ……….Respondents Mr. G.S. Negi, Advocate for the petitioner. Mr. J.P. Joshi, Chief Standing Counsel for the State / respondents. Date of Judgment: 18.05.2011 JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble Servesh Kumar Gupta, J. BARIN GHOSH, C.J. (ORAL) In contemplation of a disciplinary proceeding, petitioner has been suspended on 2nd May, 2011 and, at the same time, has been attached to the Directorate of School Education, Uttarakhand, Dehradun. We think that since in contemplation of a disciplinary proceeding petitioner has been suspended, it would not be appropriate on our part to interfere with the suspension order, until the disciplinary proceeding is concluded. Having regard to the allegations made in the suspension order, which indicates the nature of misconduct, requiring inquiry in course of disciplinary proceeding, we think that the matter is such that the same, at the best, may take 3 months’ time to complete the disciplinary proceeding. 2. We, accordingly, direct that as soon as possible charge sheet be issued in the disciplinary proceeding and the disciplinary proceeding be concluded as quickly as possible, but not later than 3 months from the date of service of a copy of this order upon respondent No. 1. Since the suspension order itself provides for payment of subsistence allowance, we do not make any observation in regard thereto, except that it is hoped and expected that lawful subsistence allowance should be paid to the petitioner. It is made clear that in the event petitioner is absolved from the charges or it is found that charges are not of misconduct, it is hoped and expected that while concluding the disciplinary proceedings, 2 disciplinary authority shall direct payment of salaries due to the petitioner in terms of the Rules made by the State Government to that effect. (Servesh Kr. Gupta, J.) (Barin Ghosh, C.J.) 18.05.2011 18.05.2011 Amit