Extracted from the PDF above. The PDF is authoritative.
2025:UHC:3798-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPSB No.258 of 2019 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J.
Mr. Ajay Veer Pundir, learned counsel for the petitioner.
2. Mr. Manoj Kumar, learned Standing Counsel for Union of India.
3. Petitioner was serving as Assistant Executive Engineer in General Reserve Engineering Force (Electrical & Mechanical), who retired from service on
31.12.2013. According to him a charge sheet was issued on 18.06.2014 and based on report of inquiry officer, penalty of reduction of pension to the extent of 15% for one year was imposed. Petitioner filed this writ petition challenging the punishment order dated 04.04.2019. He has also challenged the inquiry report and also the recommendation made by the inquiry officer and advice report dated 05.10.2018 issued by UPSC.
4. Mr. Ajay Veer Pundir, learned counsel for the petitioner refers to Rule 9(2)(b) of Central Civil Service (Pension) Rules, 1972 and submits that disciplinary proceedings could not have been initiated post retirement against the petitioner for an
2025:UHC:3798-DB incident, which had occurred more than four years ago.
5. Mr. Manoj Kumar, learned counsel appearing for Union of India points out that after filing of the writ petition, petitioner filed review before his Excellency, the President of India on
31.07.2021. He submits that as per Rule 29-A of Central Civil Service (Classification Control and Appeal) Rules, 1965, petitioner had a statutory remedy of approaching the President against a punishment order. Thus, he submits that since the petitioner has approached the appropriate forum after filing of the writ petition, therefore, the writ petition is liable to be dismissed.
6. Since petitioner has approached the competent authority by filing review petition, therefore, the writ petition is
disposed of on the ground of alternative remedy with request to the competent authority to consider petitioner’s review petition.
(Ashish Naithani, J.) (Manoj Kumar Tiwari, J.)
13.05.2025 Arti
ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.05.15 10:12:20 +05'30'