2025:UHC:7081-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB/432/2020 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. 1. Ms. Anupriya Kukreti, Advocate holding brief of Mr. M.C. Pant, learned counsel for the petitioner. 2. Mr. K.N. Joshi, learned Deputy Advocate General for the State of Uttarakhand. 3. Petitioner is serving as Director in Department of Culture, Government of Uttarakhand. By means of this writ petition, petitioner has sought the following reliefs:- (i) Issue writ, rule or direction in the nature of certiorarified mandamus quashing the impugned order dated 18.09.2020 passed by Respondent no. 3 and notice dated 14.12.2020 issued by Respondent no. 4 (contained as Annexure No. 2 & 3 to the writ petition) along with its effect and operation also, after calling entire records from the Respondent, keeping in view the facts highlighted in the body of the writ petition or to mould the relief appropriately. (ii) Issue writ, rule or direction in the nature of certiorarified mandamus quashing the inquiry initiated against the petitioner by the Director General pertaining to an issue raised by the retired administrative officer in lieu of the issue pertaining to the year 2009 vide complaint dated 1.10.2020, after calling entire records from the Respondent, keeping in view the facts highlighted in the body of the writ petition or to mould the relief appropriately. (iii) Issue writ rule or direction in the nature of 2025:UHC:7081-DB prohibition to restrained the Respondents to take any steps in furtherance to the impugned order keeping in view of the facts highlighted in the body of the petition. (iv) Issue writ rule or direction to award the damages and compensation in tune of such amount which the court deems fit and proper in the circumstances of the case and the same may be recovered from the erring officers. 4. The order dated 18.09.2020, impugned by the petitioner, is enclosed as Annexure no. 2 to the writ petition. By the said order, post of Director General was created and it was decided by State Government that a Member of Indian Administrative Service, holding the rank of Additional Secretary, shall be posted as Director General. 5. Petitioner has also challenged order dated 14.12.2020, whereby the Enquiry Officer called upon the petitioner to give para-wise reply to the complaint made by one Mr. Gabbar Singh Negi, retired Senior Administrative Officer, Department of Culture. 6. Heard learned counsel for the parties and perused the record. 7. Learned counsel for the petitioner submits that petitioner was exonerated in the enquiry, therefore, the relief, as claimed in prayer no. 2, do not survive. 8. As regards the challenge to Office Memo dated 18.09.2020, we do not find any reason to interfere in the said order. It is not the case of petitioner that she has the right to be considered for promotion to the post of Director General. From the order impugned, it is 2025:UHC:7081-DB revealed that the post of Director General was created for the first time by that very order, therefore, petitioner cannot have any vested right to be promoted as Director General. 9. The decision to appoint a Member of Indian Administrative Officer as Director General is basically a policy decision and it could have been challenged only if that decision was contrary to the Service Rules or some other Statutory provision. Since that is not the case here, therefore, we do not find any reason to interfere with the impugned order dated 18.09.2020. 10. Accordingly, the writ petition fails and is dismissed. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 12.08.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa8 5f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D2 6F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.08.12 22:52:44 -07'00' 2025:UHC:7081-DB