2026:UHC:1887-DB SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PSB/ 5 0 5 / 2 0 2 3 Hon ’ble Man oj Ku m ar Tiw ar i, J. Hon ’ble Pan k aj Pu r oh it , J. 1. Mr. M.C. Pant, learned counsel for the petitioner. 2. Mr. Vipul Sharma, learned counsel for the respondent-SIIDCUL. 3. Petitioner was an employee of SIIDCUL. She was dismissed from service vide order dated 12.10.2023. Feeling aggrieved, by her dismissal, petitioner has approached this Court. 4. Learned counsel for SIIDCUL, however, submits that petitioner has statutory remedy of appeal under Rule 11 of Uttarakhand Government Servant (Discipline and Appeal) Rules, 2003. 5. The submission raised by learned counsel for the respondents is not disputed by petitioner’s counsel. Learned counsel for the petitioner, however, submits that the order of dismissal is patently illegal and only this Court can go into the question of illegality. He further submits that issue of mala fide has also been raised by petitioner in the writ petition, which cannot be raised before the Appellate Authority. 6. We are not impressed by the submission raised by learned counsel for the petitioner. All questions, including those of fact, can be raised in a departmental appeal under Rule 11 of 2026:UHC:1887-DB the applicable Rules. The question of mala fide can also be agitated by the petitioner against the Authorities concerned. 7. We, therefore, dispose of the writ petition with liberty to petitioner to file departmental appeal before the Secretary, Industrial Development. If petitioner files appeal within two weeks from today, the same shall be heard and decided on merits, ignoring the question of delay. 8. We hope and expect that final decision on the appeal to be filed by petitioner shall be taken as early as possible, preferably within four months. Petitioner shall be at liberty to move interlocutory application before the Appellate Authority. ( Pan k aj Pu r oh it , J.) ( Man oj Ku m ar Tiw ar i, J.) 18.03.2026 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.03.18 04:55:55 -07'00'