2025:UHC:4492-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA WRIT PETITION (S/B) No. 160 OF 2025 4th June, 2025 Sanjay Kumar Tamta …… Petitioner Versus State of Uttarakhand and and Others …… Respondents Presence:- Mr. Hari Mohan Bhatia, learned counsel for the petitioner. Mr. P.C. Bisht, learned Additional Chief Standing Counsel for the State. Mr. Dharmendra Barthwal, learned counsel (through Video Conferencing) for respondent nos. 2 and 3. --------------------------------------------------------------------- JUDGMENT: (per Hon’ble The Chief Justice Sri G. Narendar) We have heard learned counsel for the petitioner and learned counsel for the respondents. 2. It is the case of the petitioner that a charge-sheet was issued in 2020 and, thereafter, inquiry came to be instituted and the Inquiry Officer has also submitted a report in 2023. Despite the passage of more than two years, it is alleged that no decision has been taken on the report, but, on the other hand, the respondent nos. 2 and 1 2025:UHC:4492-DB 3 have been taking action to promote his juniors and, in this manner, two of his juniors have been promoted. 3. Learned counsel for the respondent nos. 2 and 3 submits that there are five cases and, in all the five cases, the inquiry report has affirmed the charges leveled against the petitioner. 4. Be that as it may, merely because the inquiry report indicts the petitioner is not a ground for the Disciplinary Authority or the Appointing Authority to squat over the report. The findings of the Inquiry Officer are not conclusive and the conclusion of the inquiry is with the acceptance of the report and consequential imposition of penalty or otherwise. Mere report would not be a ground to permit the juniors to leapfrog the petitioner and that too interminably. The action of respondent nos. 2 and 3 cannot be appreciated. A lag of more than two years to consider the report is wholly unjustified. 5. In the event, no action on the report is taken by the Competent Authority, the petitioner would be entitled to be considered for the promotional post. 6. The Competent Authority shall expedite the consideration of the report within four weeks from the date of receipt of this order, failing which, the respondents 2 2025:UHC:4492-DB are hereby directed to consider the case of the petitioner for promotion without reference to the inquiry report if he is otherwise eligible. 7. The writ petition stands ordered accordingly. 8. There shall be no order as to costs. 9. Copy of this order be circulated to the 2nd respondent. ________________ G. NARENDAR, C.J. ____________ ALOK MAHRA, J. Dt: 4th June, 2025 Ujjwal 3