2025:UHC:4089-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2025:UHC:4089-DB WPSB 37/2019 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J. Ms. Sunayna Kohli Kothari, Advocate, for the petitioner. Mr. K.P. Upadhyaya, Senior Advocate, for the respondent. (2) By means of this writ petition, petitioner has sought the following reliefs: “(a) Issue appropriate writ/order/directions in the nature of certiorari quashing the order dated 06.12.2018 (Annexure No. 1) issued by respondent rejecting the representation of the petitioner for transfer to accessible area and further to pass the appropriate order pertaining to transfer of petitioner to accessible and medically equipped area. (b) Issue appropriate writ/order/directions in the nature of certiorari quashing the impugned order dated 02.01.2019 (Annexure No. 2) issued by respondent reducing the basic pay and grade pay of the petitioner and for endorsing the adverse entry in the character rolls.” (3) Pursuant to order dated 24.5.2018, petitioner was transferred from Dehradun to Sankri (Uttarkashi). Although petitioner joined duties at Sankri but soon thereafter, he returned to Dehradun and remained on unauthorised leave. (4) In relief clause no. (a), petitioner has challenged his transfer from Dehradun to Sankri (Uttarkashi), however, learned Counsel for the petitioner concedes that petitioner retired in 2020, therefore said relief do not survive. (5) By the order dated 2.1.2019, impugned in relief clause no. (b) of the writ petition, punishment of reduction in rank was imposed on the petitioner on the charges of insubordination and disobedience of lawful orders passed by his superior authorities. A show cause notice was issued to petitioner on 31.5.2018, which was replied by petitioner on 1.6.2018, in which he stated that he had 2025:UHC:4089-DB returned from Sankri to Dehradun for submitting income and expenditure bill of concerned Tourist Rest House for the month of May, 2018. (6) Learned Senior Counsel for the respondent submits that in the reply to the show cause notice, there was no reference to any medical condition suffered by the petitioner, however, in reply to the chargesheet, issued to him on 30.6.2018, petitioner took the plea that he was completely immobilised due to some medical condition in his spinal cord, therefore, he was compelled to return from Sankri to Dehradun. (7) From perusal of the record, it is revealed that departmental enquiry was held as per the applicable rules; petitioner was given reasonable opportunity to defend himself; Enquiry Officer found both the charges proved; and the disciplinary authority after considering the findings of the Enquiry Officer passed a reasoned order. Perusal of the record further reveals that the findings returned by the Enquiry Officer in his report was supplied to petitioner for making representation, if any, however, he chose not to make any representation and the disciplinary authority imposed penalty of reduction in rank, by accepting the findings of Enquiry Officer. (8) While exercising power of judicial review, this Court cannot act as appellate forum. This power is limited to correcting error of law or procedure. Judicial review lies against the decision making process and not against the decision itself. Thus we do not find any scope for interference in the matter. Writ petition thus fails and is dismissed. (Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 19.5.2025 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=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C9195 7BE53, cn=PRABODH KUMAR Date: 2025.05.20 19:21:51 +05'30' 2025:UHC:4089-DB