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2026 DAILYLAW 3886 (UTT)

SARVESH DEVI v. STATE OF UTTARAKHAND

WPSS/56/2022 · 2026-03-20

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:1958 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS W PSS/ 5 6 / 2 0 2 2 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Amar Murti Shukla, Advocate, for the petitioners. Mr. G.S. Negi, Additional CSC, with Mr. Narayan Datt, Standing Counsel, for the State. (2) Petitioner has challenged an order, whereby his father was removed from service. It is not in dispute that petitioner’s father passed away on 21.7.2018. It is the case of petitioner that the order of removal was supplied to him when he sought information under Right to Information Act. The date of supplying the removal order, according to petitioner’s Counsel, is 12.11.2021. (3) Learned State Counsel, however, submits that punishment order was served upon petitioner’s father during his lifetime on 28.10.2017, by registered post. (4) Be that as it may, since petitioner has challenged order of punishment passed under Uttarakhand Government Servants (Discipline and Appeal) Rules, 2003, therefore, petitioner has remedy of filing appeal under the said rules. Writ petition is, accordingly, dismissed on the ground of alternate remedy with liberty to petitioner to approach the appellate authority. (5) This Court hopes and expects that appellate authority shall consider petitioner’s appeal and pass appropriate order, as per law, within three months from the date of presentation of certified copy of this order. ( Man oj Ku m ar Tiw ar i, J.) 2 0 .3 .2 0 2 6 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.03.20 18:12:52 +05'30' 2026:UHC:1958