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2025 DAILYLAW 12426 (UTT)

SHRI FAROOKH ALI v. STATE OF UTTARAKHAND

WPSS/1699/2025 · 2025-10-16

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:9309 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1699/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Dinesh Kumar Tyagi and Mr. Brahm Dev, Advocates for the petitioner. Mr. Ganesh Dutt Kandpal, Deputy Advocate General for the State. 2. Petitioner is serving as Senior Personal Assistant in Post Graduate College, Kashipur, District Udham Singh Nagar, since 2022. He is aggrieved by order dated 30.08.2025, passed by Joint Director of Higher Education, Harldwani, whereby he was attached in Government Post Graduate College, Kotdwar, District Pauri Garhwal. Feeling aggrieved by his attachment, petitioner has approached this Court. 3. Learned counsel for the petitioner submits that petitioner’s attachment is without any justification. He submits that a complaint, not supported by affidavit, was filed by someone who claims to be member of Akhil Bharatiya Vidyarthi Parishad (ABVP) and without verifying the allegation made in the complaint, petitioner was attached at Kotdwar. 4. Learned counsel for the petitioner has drawn attention of this Court to a document enclosed as Annexure-4 to the writ petition, for contending that a three member committee has 2025:UHC:9309 given clean chit to the petitioner. 5. Learned State Counsel, per contra, submits that it was a preliminary enquiry; since allegations made against petitioner in the complaint are serious and petitioner’s presence in the College at Kashipur would prejudice the ongoing inquiry, therefore, it was felt necessary to attach the petitioner in some other college. He submits that his attachment is temporary till conclusion of ongoing regular inquiry. He assures the Court that inquiry shall be completed within six weeks. 6. The writ petition is, accordingly, disposed of with a direction to the Director, Higher Education to have the inquiry completed within six weeks. 7. Attachment order passed in respect of petitioner shall remain valid for six weeks from today, or till conclusion of enquiry, whichever is earlier. 8. In the event inquiry is not concluded within six weeks, the attachment order shall stand automatically revoked. (Manoj Kumar Tiwari, J.) 16.10.2025 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=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f 031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC46 26D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.10.16 17:56:32 +05'30' 2025:UHC:9309