Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.4580 of 2026
Decided on 06th April, 2026 Rahul Kumar Singh
…Petitioner Versus Satluj Jal Vidut Nigam Limited and others
…Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: M/s C.N. Singh, Dr. Nidhi Singh and
Anshul Gandhi, Advocates.
For the respondents: Mr. K.D. Shreedhar, Senior Advocate,
with Ms. Shreya Chauhan, Advocate,
for respondents No.1 to 4.
Ajay Mohan Goel, Judge (Oral)
Notice confined to respondents No.1 to 4. Ms. Shreya Chauhan, Advocate, accepts notice on behalf of respondents No.1 to 4 and on her instructions, Mr. K.D. Shreedhar, learned Senior Counsel also appeared on behalf of the said respondents.
2.
By way of this writ petition, the petitioner has prayed for the following reliefs:-
“i) Issue a writ of Mandamus or other appropriate writ or direction in the given facts of the Case, quashing the impugned Memorandum of charge dated 21.07.2025 (Annexure P-7) & close the inquiry proceedings initiated against the Petitioner forthwith, for all intents and purposes.
ii) In alternative Issue a writ of Mandamus directing the Respondent no.2 & 5 to conclude the proceedings/consultation process and pass a final
order within a strict and non-extendable period of one week, failing which the proceedings shall stand deemed to have been lapsed/concluded/closed; iii) In Alternative Issue a writ of Mandamus or other appropriate writ or direction in the given facts of the Case, to the Respondents 2 & Respondent No. 5 to complete, the consultation process (if any) in terms of Clause 7.10.07 qua the reference made, expeditiously within the non-extendable period of one week, so that the proceedings are not kept pending on account of such consultation; iv). Issue a writ of Mandamus or other appropriate writ order or directions as this Hon'ble Court deem fit directing the respondents no. 2, to close the process of Disciplinary Proceedings forthwith, immediately and allow the Petitioner to proceed further with his future job prospectus. v) Accordingly Issue a writ of Mandamus or other appropriate writ order or directions as this Hon'ble Court deem fit directing the respondents no.1 to 3 to forthwith unconditionally process and accept the petitioner's resignation and relieve him from service to enable him to join on the post of Manager (Technical-Civil) with the Reserve Bank of India.”
3. Perusal of the record demonstrates that previously also the petitioner had approached this Court by way of CWP No.2146 of 2026, titled Rahul Kumar Singh versus SJVNL and others, which was disposed of by this Court on 26.02.2026, in the following terms:-
“Notice. Mrs. Shreya Chauhan, learned Counsel, accepts notice on behalf of the respondents. On her instructions Mr. K.D. Shreedhar, learned Senior Counsel, also appears for the respondents. 2. By way of this writ petition, the petitioner has inter alia prayed for the following reliefs:-
“i) Issue a writ of Certiorari, Mandamus or appropriate writ or direction quashing the impugned Memorandum of charge dated 21.07.2025 (Annexure P-7) & close the inquiry proceedings initiated against the Petitioner for all intents and purposes. ii) In Alternative Issue a writ of Certiorari, Mandamus or other appropriate writ order or directions as this Hon'ble Court deem fit directing the respondents no.1 & 2, in case they don't intent to proceed further with the Inquiry proceedings in reference to Memorandum of charge dated 21.07.2025 (Annexure P-7) against the Petitioner, to close the same forthwith, immediately and allow the Petitioner to proceed further with his future job prospectus.
iii) In Alternative Issue a writ of Certiorari, Mandamus Court deem fit directing the respondents no.1 & 2 10 other appropriate writ order or directions as this Hon'ble finalize and conclude the pending disciplinary proceedings within a stipulated time- frame, failing consequential proceedings be deemed to have lapsed, for which the impugned Charge Memorandum and all intents and purposes. iv) In case Relief no ii) is granted Issue a writ of Certiorari Mandamus or other appropriate writ order or directions as this Hon'ble Court deem fit directing the respondents no.1 & 2 to forthwith process and accept the petitioner's resignation and relieve him from service to enable him to join on the post of Manager (Technical-Civil) with the Reserve Bank of India.”
3. When the case was taken up for
consideration today, learned Senior Counsel appearing for the respondents-SJVNL, on instructions, informs the Court that on the basis of
departmental enquiry that was initiated against the petitioner, as the employer does not intend to impose any penalty upon the petitioner, following due process, the matter has been referred by the respondents for the concurrence of the Central Vigilance Commissioner, which is the requirement in terms of Clause 7.10.7 of the Vigilance Manual as updated up to the year 2021.
4.
Learned Counsel for the petitioner submits that the urgency in the matter is on account of the fact that the petitioner has been selected in the Reserve Bank of India against the post of Manager (Technical Civil) and he is to join latest by the month of April, 2026 and in the absence of an appropriate no objection issued in his favour by the present employer, he is not in a position to join the said post.
5. Be that as it may, in light of the fact that the Authority has already taken up the matter with the Central Vigilance Commissioner in terms of Clause 7.10.07 of the Vigilance Manual, these proceedings are disposed of with the observation that the respondents shall ensure that needful is done in the matter at the end of the Central Vigilance Commissioner as expeditiously as possible and preferably within a period of one month from today, taking into consideration the peculiar facts of the case. Pending miscellaneous application(s), if any, also stand disposed of accordingly.”
4.
Learned Senior Counsel for the SJVNL, on instructions, apprises the Court that the case of the petitioner stands recommended to the Central Vigilance Commissioner for exoneration as is the requirement of the Vigilance Manual.
5.
Learned counsel for the petitioner submits that till date nothing has been done at the end of Central Vigilance Commissioner.
6.
Be that as it may, without making any observation in this regard, this petition is disposed of with the direction that let a No Objection Certificate which is required by the petitioner from his present employer to enable him to join his new assignment with Reserve Bank of India be issued to the petitioner by SJVN, which will abide by the outcome of the matter which is presently with the Central Vigilance Commissioner.
7.
Pending miscellaneous applications, if any, also stand
disposed of.
(Ajay Mohan Goel)
Judge April 06, 2026 (Vinod)