2025:UHC:11532 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PSS/ 2 2 3 1 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Mr. Tushar Prajapati, learned counsel for the petitioner. 2. Mr. N.K. Papnoi, learned Standing Counsel for the State of Uttarakhand. 3. Petitioner was reportedly engaged under Mahatma Gandhi National Rural Employment Guarantee Scheme in Rural Development Department, as Computer Programmer in 2013. His engagement was discontinued by Chief Development Officer, Nainital, vide order dated 19.07.2025. Thus, feeling aggrieved, petitioner has approached this Court challenging the order dated 19.07.2025. 4. It is contended that petitioner’s engagement is discontinued with total non-application of mind. The removal order is passed in colourable exercise of power for extraneous reasons and there is no reference to any misconduct, allegedly committed by petitioner. 5. Learned State Counsel, however, submits that complaint against the petitioner was that he avoids performing duty and shifts responsibility to other employees. He further submits that petitioner uses intemperate language and disobeys lawful orders of his Superior Authorities. 6. Upon perusal of impugned order, this Court is prima facie satisfied that the material for discontinuing petitioner’s 2025:UHC:11532 engagement is not sufficient. Since petitioner has served for twelve long years as outsourced employee, therefore, he has earned certain rights, which cannot be taken away in such a cursory manner. 7. Having regard to the facts of the case, the writ petition is disposed of with liberty to petitioner to make representation for his re-engagement. Along with his representation, petitioner will file an undertaking in the shape of an affidavit that he will discharge all lawful duties as are assigned to him by his Superior Authorities, and in case of any failure on his part to discharge assigned duties, he shall be liable to be disengaged. Subject to petitioner’s making representation and filing affidavit, as above, within two weeks from today, decision thereupon shall be taken by Chief Development Officer, Nainital, sympathetically, within three weeks thereafter. ( Man oj Ku m ar Tiw ar i, J) 23.12.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.12.24 02:48:04 -08'00' 2025:UHC:11532