IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 111 of 2009 A.K. Bisaria .……… Appellant. Versus State of Uttarakhand and Others .………. Respondents. Present: Mr. Rakesh Thapliyal, Advocate for the petitioner. Mr. J.P. Joshi, Chief Standing Counsel for respondent nos. 1 and 2. Date of decision: 19-03-2010 JUDGMENT Coram: Hon’ble J.S. Khehar, C.J. Hon’ble Sudhanshu Dhulia, J. J.S. KHEHAR, C. J. (Oral) Learned counsel for the appellant states, that the appellant was placed under suspension as far back as on 13.03.2009. It is submitted, that he assailed the order of suspension by preferring Writ Petition (S/S) No. 415 of 2009, which was dismissed as not maintainable on 11.05.2009. The writ petition was held as not maintainable on account of the fact, that an alternative efficacious remedy was available to the appellant, so as to assail the order of suspension dated 13.03.2009 by approaching the Public Services Tribunal, Uttarakhand. 2. In the changed circumstances, emerging out of the fact, that the appellant has been under suspension for more than one year, learned counsel for the appellant states, that the appellant would be satisfied if the instant Special Appeal is disposed of as withdrawn, with a direction to respondent Nos. 1 and 2 to complete the Departmental Inquiry pending against the appellant within a specific timeframe. 3. In view of the aforesaid prayer made by the learned counsel for the appellant, learned counsel for respondent Nos. 1 and 2 states, that respondent Nos. 1 and 2 shall conclude the Departmental Inquiry within a period of three months, if the appellant co-operates during the course of the proceedings of the same. 4. In view of the above, the instant Special Appeal is dismissed as not pressed. Respondent Nos. 1 and 2 shall be bound by the undertaking given to this Court to complete the Departmental Inquiry initiated against 2 the appellant within three months from the date of receipt of a certified copy of this order, if the appellant co-operates during the course of the proceedings of the same. 5. The instant Special Appeal stands disposed of in the aforesaid terms. (Sudhanshu Dhulia, J.) (J.S. Khehar, C. J.) 19.03.2010 19.03.2010 Amit