IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL. Writ Petition No. 1397 (S/S) of 2005 Anand Prakash Sharma, son of late Sri Pt. Dwarika Prasad Sharma, Trade Tax Officer Grade – II, Kotdwar attached in the office of Joint Commissioner (Executive) Trade Tax, Haridwar Range, Haridwar. .............Petitioner. Versus. 1. Commissioner, Trade Tax, Uttaranchal, Dehradun. 2. Joint Commissioner (Executive), Special Investigation Branch (SIB)/ Enforcement Trade Tax, Haridwar Range, Haridwar. 3. Deputy Commissioner (Executive), Special Investigation Branch (SIB)/ Enforcement Trade Tax, Haridwar Range, Haridwar. 4. Deputy Commissioner (Assessment), Trade Tax, Kotdwar / Incharge, Trade Tax, Check Post‐Kauriya, Kotdwar, District‐ Pauri Garhwal. ..............Respondents. Sri Alok Mehra, Sri Munish Bhardwaj, learned counsel for the petitioner. Sri P. Maulekhi, AAG, for the respondents. Hon’ble M.M. Ghildiyal, J.: Heard Sri Manoj Tiwari and Sri Alok Mehra, learned counsel for the petitioner and learned Additional Advocate General, for the respondents. By means of this writ petition, the petitioners have prayed to issue a writ in the nature of Certiorari quashing the order dated 05.09.2005 passed by respondent no. 1. The said suspension order was passed by the respondent no. 1 on the charge of dereliction in the duties by petitioner. Learned counsel for the petitioner has submitted that petitioner is Trade Tax Officer and was posted at Check Post – Kauriya, Kotdwar, District – Pauri Garhwal. The charge levelled against the petitioner is that while he was on duty some trucks were allowed to pass from that Check Post without entering them in the Trade Tax record. The incident took place in the night of 21/22.07.2005. The petitioner was posted on the said Check Post right from 15.07.2005 till 18.07.2005 and nobody was there to relieve him. Again the petitioner was on duty from 21.07.2005 to 23.07.2005 on the said post and there was no other officer to relieve him. Respondents have filed counter affidavit, in which they have accepted that the petitioner was on duty since 15.07.2005 to 18.07.2005 and from 21.07.2005 to 23.07.2005 continuously without any break. Learned counsel for the petitioner has submitted that on 20.07.2005 the petitioner has attended the meeting at Dehradun. Learned counsel for the respondents has submitted that chargesheet has been served upon the petitioner on 14.09.2005 and Inquiry Officer has been appointed. In view of the above, I think it just and proper to direct the respondents to conclude the inquiry within a period of two months from today. Petitioner is also directed to cooperate with the inquiry and till the final decision is taken by the Competent Authority the suspension order shall be kept in abeyance. With this direction the writ petition is finally disposed of. No order as to costs. (M.M. Ghildiyal, J.) October 20, 2005 SKSharma