Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 11702 (UTT)

RAM KRISHAN SEMWAL v. STATE OF UTTARAKHAND

WPSB/566/2021 · 2025-07-15

Manoj Kumar Tiwari, Subhash Upadhyay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:6145-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 566/2021 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. None appears for the petitioner. Mr. P.S. Bisht, Additional CSC, for the State. Mr. D.S. Patni, Senior Advocate, assisted by Mr. Dharmendra Barthwal, Advocate for the respondent no. 2. (2) Petitioner participated in a selection, held by State Govt. in the year 2021, for appointment as Managing Director, Uttarakhand Power Corporation Ltd. Since petitioner was not appointed and one Sri Anil Kumar (respondent no. 3 herein) was appointed as Managing Director, therefore, this writ petition was filed seeking the following reliefs: “i. Issue a writ order or direction in the nature of certiorari to quash the Appointments of the Respondent No. 3 appointed vide Appointment Order No. 1580/I(2)/2021/05-15/2021 dated 29.10.2021 (Annexure-1) as there are serious flaws in the manner in which the appointment of Respondent No.3 is made. ii. Issue pass a writ order or direction in the nature of Mandamus directing the respondent Nos. 1 & 2 to appoint the Managing Director of UPCL in accordance with the Rules and on the basis of order of merit of Selection Committee Report. iii. Issue a writ order or direction in the nature of Mandamus directing Respondent Nos. 1 & 2 to produce before this Hon'ble Court, all the relevant documents and records pertaining to the entire selection process 2025:UHC:6145-DB including but not limited to the report of the Selection Committee. iv. Issue a writ order or direction in the nature of Mandamus directing the Respondent Nos. 1 & 2 to declare the result of the remaining 05 Posts of Managing Director & Directors of PTCUL, UPCL & UJVNL advertised for by the Respondent Nos. 1 & 2 in accordance with law and rules” (3) In para 11 of the writ petition, petitioner contended that the selection committee recommended his name for appointment as Managing Director, however State Govt. wrongly appointed respondent no. 3 as Managing Director. (4) Learned State Counsel has drawn attention of this Court to para 14 of the counter affidavit dated 30.6.2022, filed by Sri Prakash Chandra Joshi, Deputy Secretary, Energy Department, where it is stated that petitioner’s name was never recommended for appointment as Managing Director, UPCL. It is further stated that the selection committee found the respondent no. 3 suitable for appointment and, accordingly, recommended the name of respondent no. 3. (5) Learned State Counsel by referring to para 9 and 10 of the said counter affidavit, submits that although petitioner was also shortlisted and called for interview, however the selection committee found respondent no. 3 suitable for appointment as Managing Director and, accordingly, his name was recommended and the recommendation made by the selection committee was accepted by the State Govt. and he was appointed as Managing Director, UPCL. (6) Mr. D.S. Patni, learned Senior 2025:UHC:6145-DB Counsel appearing for respondent no. 2, submits that respondent no. 3 was appointed initially for a term of three years, vide order dated 29.10.2021, and upon expiry of the said term, he was re- appointed vide order dated 9.10.2024 for further two years. Thus he submits that upon expiry of the initial term, for which respondent no. 3 was appointed, the relief as sought by the petitioner do not survive. (7) Be that as it may, since State Govt. has taken specific stand that petitioner was never recommended for appointment as Managing Director, we do not find any scope for interference. Writ petition thus fails and is dismissed. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 15.07.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957B E53, cn=PRABODH KUMAR Date: 2025.07.15 17:52:57 +05'30' 2025:UHC:6145-DB