HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 620 of 2025 (S/S) Ashutosh Shukla ….......Petitioner Vs. State of Uttarakhand and Another …..... Respondents Present : Mr. Bhuvnesh Joshi, Advocate for the petitioner. Mr. R.S. Bisht, Additional C.S.C. for the State. Mr. Ravi Babulkar, Advocate for the respondent no.2. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) By means of the instant petition, the petitioner challenges order dated 27.03.2025, passed by the respondent no.2, Chief Executive Officer, Sri Badarinath Kedarnath Temples Committee (BKTC), by which the petitioner has been attached at Joshimath Office. He has been asked to deposit all the official documents, and he has been relieved of his duties, and it has further been directed that the petitioner may not be able to withdraw his salary. 2. Heard learned counsel for the parties and perused the record. 3. Initially, the petitioner was appointed as Electrical Supervisor with the BKTC on fixed wages on 22.08.2016. Thereafter, he was posted on some other positions. Finally, he was deployed with BKTC to manage the legal works. By a decision dated 03.08.2022, he was 2 appointed as Law Assistant on probation. The petitioner raised demands for regularization of his services as well as minimum wages, insurance benefits and other benefits. He did one day Sanketik Dharna at BKTC Camp Office, Dehradun, on 27.03.2025. He was given a notice, and on the same date, the impugned order has been passed. 4. Learned counsel for the petitioner would submit that the petitioner was given a show cause notice on 27.03.2025, as to why did he join the dharna, as it amounts to misconduct, and on the same date, the impugned order has been passed, which though written as Annexure No.1 in the prayer clause, but it is Annexure No.2, Page No.16 to the writ petition. 5. Learned counsel for the respondent no.2/BKTC would submit that the impugned order is not any punishment order; the petitioner had taken leave for attending his ill wife, but he joined the dharna at BKTC Dehradun Office, which is a misconduct; the petitioner was not found on his seat; he was required to join his duties, which he refused. Insofar as the salary is considered, as soon as the petitioner joins his new place of posting, the salary would be paid to him. 3 6. Fact remains that on 27.03.2025, the petitioner was served with a notice by the respondent no.2/BKTC to show cause as to why action may not be taken against him for joining the dharna at BKTC Camp Office, Dehradun. It is also a fact that on the same date, the impugned order has been passed, by which the petitioner was required to deposit all the official documents and he was relieved of his duties. He was also restrained to withdraw his salary, and at the same time, he was attached at Joshimath office. 7. Learned counsel for the respondent no.2/BKTC would submit that during this Char Dham Yatra Season, the personnel are deployed at various places in the Yatra route, therefore, it is merely a posting of the petitioner at the Joshimath Office for exigencies of the duties. 8. Having considered, this Court is of the view that except the part of posting at Joshimath Office, the other directions in the impugned order should have awaited the response of the petitioner pursuant to the notice dated 27.03.2025, that was given to him by the respondent no.2/BKTC. In the instant case, on the one hand, show case notice was served on 27.03.2025, and on the other hand, some other adverse order has been 4 passed by the respondent no.2/BKTC, which includes deposition of his documents; relieving of his duties; and restraining him to withdraw his salary. 9. Learned counsel for the petitioner would submit that the petitioner is ready to join his new place of posting within three days and will file his response to the show cause notice dated 27.03.2025. 10. The petition is disposed of with the directions to the petitioner to join his new place of posting at Joshimath Office within three days from today. Within a week, thereafter, the petitioner shall file his response to the show cause notice dated 27.03.2025. The respondent no.2/BKTC shall take a decision on the response of the petitioner within a week, thereafter. Till then, the directions in the impugned order dated 27.03.2025, expect the direction for the place of posting, shall remain in abeyance. (Ravindra Maithani, J.) 29.04.2025 Ravi Bisht