Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 15933 (UTT)

MANISH SAJWAN v. STATE OF UTTARAKHAND

WPSS/2088/2025 · 2025-12-04

Alok Mahra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPSS No. 2088 of 2025 Hon ’ble Alok Mah r a, J. Mr. Vinodanand Barthwal, learned counsel for the petitioner. 2. Mr. Rajeev Singh Bisht, learned Additional Chief Standing Counsel for the State. 3. Petitioner is serving on the post of Revenue Sub-Inspector in Tehsil Yamkeshwar, District Pauri Garhwal. 4. By means of the present Writ Petition, the petitioner has prayed for quashing the order dated 16.12.2024, whereby, major punishment has been imposed upon him by the Competent Authority i.e. the District Magistrate, Pauri Garhwal. 5. Learned counsel for the petitioner would argue that petitioner has been prohibited to join the 20th batch of training for Revenue Sub-Inspector by declaring a list of trainees. 6. Learned Additional Chief Standing Counsel for the respondent-State has submitted that, there is a provision of appeal under Section 11 of the Uttarakhand Government Servants (Discipline and Appeal) Rules, 2003. Section 11 is reproduced hereinbelow: - “ 1 1 . Appeal- (1) Except the orders passed under these rules by the Governor, the Government Servant shall be entitled to appeal to the next higher authority from an order passed by the Disciplinary Authority. (2) The appeal shall be addressed and submitted to the Appellate Authority. A Government Servant Preferring an appeal shall do so in his own name. The appeal shall contain all material statements and arguments relied upon by the appellant. (3) The appeal shall not contain any intemperate language. Any appeal, which contains such language, may be liable to be summarily dismissed. (4) The appeal shall be preferred within 90 days from the date of communication of impugned order. An appeal preferred after the said period shall be dismissed summarily.” 7. In view of the fact that punishment awarded to the petitioner is as per the Uttarakhand Government Servants (Discipline and Appeal) Rules, 2003, this Court does not find any reason to interfere with the impugned order dated 16.12.2024 passed by respondent, as the petitioner has not availed the remedy of a statutory appeal. The petitioner has straightway approached this Court, that too after a lapse of one year of passing of the order, whereas the limitation to file the appeal is 30 days. 8. Accordingly, the writ petition is liable to be dismissed and is hereby dismissed. ( Alok Mah r a J.) 04.12.2025 Ujjwal