2025:UHC:8377 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1538/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Dushyant Mainali, Advocate for the petitioner. Mr. Rajeev Singh Bisht, Additional Chief Standing Counsel for the State. Mr. Sanjay Bhatt, Advocate for respondent Nos. 2, 5 & 6. 2. Petitioner is employed as Senior Assistant in District Election Office, Udham Singh Nagar. A special adverse entry was given to him in the year 2022. Petitioner made representation against the said entry, which has been decided by State Election Commissioner on 07.02.2024. Petitioner thereafter sought review of the order passed by Chief Election Commissioner and his review application was rejected on 26.02.2024. 3. Petitioner has filed this writ petition challenging the order passed by Deputy Secretary, State Election Commission, whereby special adverse entry was given to him. He has also challenged the order passed by State Election Commissioner, whereby his representation was rejected and his prayer for review was also rejected. 4. Learned counsel for the petitioner submits that now promotion exercise is on and due to special adverse entry, petitioner would be deprived of his right to be considered for 2025:UHC:8377 promotion, therefore he submits that the matter is of some urgency, therefore he has approached this Court, bypassing the remedy under U.P. Public Service Tribunals Act, 1976, as applicable in State of Uttarakhand. 5. Learned State Counsel as well as Mr. Sanjay Bhatt, learned counsel, however, submit that if petitioner challenges the special adverse entry and subsequent orders, passed by State Election Commissioner, then sealed cover procedure shall be adopted and result of the petitioner shall be kept in a sealed cover. 6. Learned counsel for the respondent further submits that since petitioner is a public servant, therefore he must first approach the Tribunal constituted under U.P. Public Service Tribunals Act, 1976. 7. This Court finds substance in the said submission. 8. Since petitioner has remedy before the Tribunal, this Court is not inclined to entertain the writ petition. 9. Accordingly, the writ petition is dismissed with liberty to petitioner to approach the appropriate forum. 10. Pending application(s), if any, stand disposed of. Manoj Kumar Tiwari, J.) 18.09.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.09.19 19:09:24 +05'30' 2025:UHC:8377