HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 1908(S/S) 2001 (Old no.29469/1999) Sajjan Lal Tamta S/o Sri H.P. Tamta, Gram Panchayat Adhikari, Panchayat Udyog Hawalbagh, Almora, ---- Petitioner. Vs. 1. Director Panchayat Raj, U.P. Lucknow, 2. Additional Director (Administration), Panchayat Raj U.P. Lucknow. 3. Deputy Director (Panchayat Raj U.P.) 121 Awas Vikas Colony, Kumach Division, Bareilly, 4. District Panchayat Raj Officer, Almora. ----Respondents. Sri Nandan Arya, learned counsel for the petitioner, Learned Staining Counsel for State of Uttaranchal. Hon’ble M.M. Ghildiyal, J. Heard Sri Nandan Arya, learned counsel for the petitioner and learned Standing Counsel for the State of Uttaranchal/ Respondents. 2. By means of this writ petition, the petitioner has prayed for the following reliefs:- (a) Issue a writ , order or direction in the nature of certiorari quashing impugned suspension order dated 03.07.1999 passed by respondent no.4, (annexure no. 5), (b) Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to 2 treat the petitioner on duty from 03.07.1999 and to pay his salary, (c) Issue another writ, order or direction which this Hon’ble Court may deem just and proper under the circumstances of the case in favour or petitioner, (d) Award the cost of petition. 3. Counsel for the petitioner has submitted that the petitioner who was working as Gram Panchayat Adhikari at Panchayat Udyog Hawalbagh, Almora, was suspended from his services vide order dated 3rd July 1999 passed by the District Panchayat Raj Officer, Almora. Aggrieved with the order, the petitioner filed this writ petition and the Allahabad High Court on 20.07.1999 stayed operation of the impugned order until further orders. 4. Neither the petitioner nor the respondents are in a position to inform the Court as to whether the departmental proceedings against the petitioner are continuing or have been concluded. It appears that in view the stay order passed by the Allahabad High Court, the departmental proceedings were also stayed. The suspension order was passed in the year 1999 and more than a period of seven years have elapsed. 5. In the circumstances, I deem it just and proper that in case the respondents are of the opinion that inquiry is still required against the petitioner for the charges levelled against him, then in that case, the respondent-District Panchayat Raj Officer, Almora may proceed further for conducting departmental inquiry against the petitioner on the charges levelled against the petitioner on 03.07.1999. And, if no Inquiry Officer has yet been appointed and no inquiry has been 3 conducted, the respondent shall appoint an Inquiry Officer, who, after serving charge sheet (duly approved) upon the petitioner, shall conclude the departmental inquiry within a period of four months from the date of production of a certified copy of this order. The petitioner is also directed to co-operate with the inquiry proceedings. 6. With these directions, the writ petition is finally disposed of. (M.M. Ghildiyal, J.) May 15, 2006: NCM: