Uttarakhand High Court
SPA/135/2021 on 16 August, 2021
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
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Date COURT'S OR JUDGES'S ORDERS
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16.08.2021 SPA No.135 of 2021
Hon'ble Raghvendra Singh Chauhan, C.J.
Hon'ble Alok Kumar Verma, J.
Mr. Pairkshit Saini, learned counsel for the appellant.
Mr. K.N. Joshi, learned Deputy Advocate General for the State.
Mr. Siddhartha Singh, learned counsel for the writ-petitioner- respondent No.2.
This special appeal has been filed against the order dated 25.02.2021, passed by the learned Single Judge in Writ Petition No.166 of 2021 (S/S), 'Smt. Sanyogita Kumari Vs. State of Uttarakhand and another', whereby the writ petition was allowed and the Committee of Management, (respondent no.2 in the writ petition) has been directed to issue NOC to the writ- petitioner to pursue her PhD Course.
Mr. Parikshit Saini, the learned counsel for the appellant submitted that the writ-petitioner was placed under suspension. The disciplinary enquiry against her is in progress and Rule 55 of the Uttar Pradesh Fundamental Rules (as applicable in the State of Uttarakhand) stipulates that leave may not be granted to a Government Servant under suspension. The learned counsel for the appellant further submitted that the writ- petitioner has appeared in the interview in PhD course without seeking any study leave or without obtaining NOC to appear in the said interview.
The Special Appeal is admitted. In the facts and circumstances of the case, the impugned order dated 25.02.2021 is stayed.
(Alok Kumar Verma, J.)(Raghvendra Singh Chauhan, C.J.) 16.08.2021 16.08.2021 JKJ/Pant