WPSB No. 181 of 2009 Hon’ble Tarun Agarwala, J. Hon’ble V.K. Bist, J. Mr. Dinesh Chauhan, Advocate on behalf of Mr. Lalit Samant, Advocate for the petitioner and Mr. K.P. Upadhyaya, Addl. C.S.C. for the State. Heard learned counsel for the parties. The petitioner was working as a lecturer in Govt. Inter College Narain Nagar, Pithoragarh and was appointed as a custodian for the High School and Intermediate examination 2009 at the examination center Govt. Inter College, Askot, Pithoragarh. Before the examination could begin on 5th March, 2009, the petitioner instead of opening the question paper relating to the Hindi subject for class 10th examination, erroneously opened the question paper relating to Social Studies. On account of this error, the petitioner was placed under suspension by an order dated 6th March, 2009. The petitioner, being aggrieved by this order, filed a claim application before the Public Services Tribunal which was disposed of by an order dated 26th August, 2009 with the direction that the petitioner should participate in the inquiry proceedings. The petitioner, thereafter, preferred the present writ petition in which an interim order dated 7th September, 2009 was passed staying the suspension order. A counter affidavit has been filed by the respondents stating therein that since the petitioner did not act with due diligence, the question paper was leaked out which was a serious charge and, consequently, was placed under suspension. Nothing has been indicated in the counter affidavit as to whether the inquiry has been initiated against the petitioner or not and whether a chargesheet has been issued to him. Considering the facts and circumstances that has been brought on record, prima-facie, it does not appear that the question paper was leaked out by the petitioner on account of any extraneous consideration. Till date, it is not known as to whether any chargesheet has been issued to the petitioner. Consequently, the writ petition is allowed. The suspension order dated 6th March, 2009 is quashed. It would be open to the respondents to continue with the disciplinary proceedings, if so advised. (V.K. Bist, J.) (Tarun Agarwala, J.) 30.09.2010 Shiv