IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 183 (SS) of 2007 Maghan Nath, S/o late Sri Harak Nath, R/o Village – Talli Runi, P.O. – Majkhali, District – Almora. …………Petitioner. Versus 1. State of Uttarakhand through Secretary, Education, Dehradun. 2. District Education Officer, Almora. 3. Principal, Government Inter College, Magkhali, Tehsil – Ranikhet, District Almora. 4. Principal Government Inter College, Dwasso, District – Almora. …………Respondents Hon’ble M.M. Ghildiyal, J Heard Sri Ashwani Negi, learned counsel for the petitioner and Sri N.P. Shah, learned counsel for respondents. By means of this writ petition, the petitioner has prayed for the following reliefs: 1. Issue a writ order or direction in the nature of Certiorari quashing the order No. 256/05 dated 28.10.2005 and order no. 13 / suspension / 2005 – 06 dated 29.10.2005 (Annexure no. 1 to the writ petition) 2. Issue a writ order or direction in the nature of Mandamus directing the respondents to terminate the suspension of the petitioner and put the services of the petitioner as before. 2 3. Issue a writ order or direction in the nature of Mandamus directing the respondents to give the arrears of salary from the date of suspension i.e. 28.10.2005 4. issue any other writ, order or direction which this Hon’ble court may deem fit and proper in the circumstances of the case 5. award the cost of the petition to the petitioner. The submission of the learned counsel for the petitioner is that the petitioner, who is going to be retire within a year, has been placed under suspension by Principal, Government Inter College, Magkhali, Tehsil – Ranikhet, District Almora vide order dated 29.10.2005. From perusal of the record, it appears that on 22.09.2006 District Education Officer, Almora has written a letter to the Principal, Government Inter College, Dwasso, District – Almora, where the petitioner was attached after suspension, to obtain an affidavit from the petitioner that he will be more careful in future so that suspension order may be revoked. Learned counsel for the petitioner has submitted that petitioner has filed the affidavit as required by District Education Officer, Almora. From perusal of record, it appears that no Inquiry Officer, has been appointed by the respondents till date. In these circumstances, I direct the District Education Officer, Almora to complete the inquiry and pass final order, if any inquiry has been initiated against the petitioner by the department within a period of two months from the date of production of certified copy of this order and, if no inquiry in initiated against the petitioner and District Education Officer, Almora has asked the Principal, Government Inter College, 3 Dwasso, District – Almora vide order dated 22.09.2006 to obtain affidavit from the petitioner that he will be more careful in future in performing his duties and has received such affidavit, he may take action on this within a period of three weeks from the date of production of certified copy of this order. With this direction, the writ petition is finally disposed of. No order as to costs. (M.M. Ghildiyal, J) March 19, 2007 Sksharma