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CDJ 2026 Utt HC 026 print Preview print Next print
Court : High Court of Uttarakhand
Case No : WPSB No. 395 of 2025
Judges: THE HONOURABLE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA & THE HONOURABLE MR. JUSTICE SUBHASH UPADHYAY
Parties : Dr. Sandeep Kumar Goel Versus Chairman Of Board Of Management
Appearing Advocates : For the Petitioner: ------. For the Respondent: -------
Date of Judgment : 07-04-2026
Head Note :-
Subject
Summary :-
1. Statutes / Acts / Rules Mentioned:
- composite order dated 08.09.2025
- order dated 19.09.2025
- IA No. 02/2025

2. Catch Words:
- suspension
- disciplinary enquiry
- reinstatement
- review
- modification
- interim order

3. Summary:
The petitioner was suspended and attached to the Research Wing following a composite order dated 08.09.2025, with a disciplinary enquiry instituted. A Coordinate Bench stayed that order on 19.09.2025, directing reinstatement at his original posting, which was complied with. The University filed a review application seeking to modify the interim order and continue the enquiry. The court noted that the petitioner’s grievance pertained only to suspension, not the enquiry’s validity. Consequently, the interim order was modified to permit the University to proceed with the disciplinary enquiry. The review application (IA No. 02/2025) was disposed of.

4. Conclusion:
Petition Dismissed
Judgment :-

1. Mr. R.C. Tamta, learned counsel for the petitioner.

2. Mr. S.S. Lingwal, learned counsel for the respondents.

3. By composite order dated 08.09.2025, impugned in the present Writ Petition, the petitioner was placed under suspension and a disciplinary enquiry, by a Committee comprising of two persons, was also instituted. In view of the suspension of the petitioner, he was attached to the Research Wing of the University, pending the enquiry.

4. A Coordinate Bench, by order dated 19.09.2025, has stayed the operation of the order dated 08.09.2025, and has directed the reinstatement of the petitioner at his original place of posting.

5. In compliance of the said order, we are informed that the petitioner has been reinstated at his original place of posting.

6. The University has filed an application, seeking the review of the order dated 19.09.2025. However, a perusal of the prayer made in the Review Application reveals that, in fact, the University is seeking modification of the interim order dated 19.09.2025, and liberty to continue with the enquiry.

7. Undoubtedly, the main grievance of the petitioner is in relation to suspension, and consequent attachment. The power of the University to institute the enquiry is not under challenge.

8. In such view of the matter, we modify the interim order dated 19.09.2025 and, hereby, provide that it shall be open to the respondent-University to continue with the disciplinary enquiry.

9. IA No. 02/2025 stands disposed of accordingly.

10. List on 04.05.2026.
 
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