Extracted from the PDF above. The PDF is authoritative.
2026:UHC:3152-DB
SL . N o. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPSB No.232 of 2026 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Siddhartha Sah, J.
Mr. Yogesh Kumar Pacholia, learned counsel for petitioner.
2. Mr. Manoj Kumar, learned Standing Counsel for the Union of India.
3. A complaint was made against petitioner under the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which resulted in initiation of inquiry by Internal Complaints Committee. Petitioner is now facing a regular disciplinary inquiry for major penalty under the relevant rules. Petitioner is challenging the Daily Order- sheet No.102 dated 08.04.2026. It is alleged that petitioner’s right to cross-examine the complainant has been closed without any rhyme or reason.
4. Mr. Manoj Kumar, learned counsel appearing on behalf of the respondent nos.1 to 4, however, submits that as per order impugned, petitioner himself refused to cross-examine the complainant.
5. Per contra, learned counsel for petitioner submits that no sane person facing disciplinary inquiry for a serious charge would ever forego his right to cross- examine the complainant. He contends that the allegation made in the Daily Order-sheet is not correct and petitioner was denied the opportunity to cross- examine the complainant for no valid reason. He further submits that in the event, opportunity is denied to
2026:UHC:3152-DB
petitioner, it will result in irreparable loss to the petitioner, who is facing enquiry for a serious charge.
6. Having regard to the facts of the case and in the interest of justice, we dispose of the writ petition with a request to the Inquiry Committee to consider giving one last opportunity to petitioner to cross-examine the complainant, subject to his furnishing a written undertaking in form of affidavit stating that he will not put any irrelevant or scandalous question to the complainant and further that he will fully cooperate with the Inquiry Committee in concluding the inquiry proceedings at an early date.
7. It is made clear that opportunity, if given, then petitioner shall conclude the cross-examination on a single day and enquiry shall not be adjourned, on his asking.
(Siddhartha Sah, J.) Manoj Kumar Tiwari, J.)
27.04.2026 Akash
AKASH Digitally signed by AKASH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, 2.5.4.20=dae2472c001d56469ea76fc0caa68f48ef7 3518c148d140566ab1e26f9cbe61d, postalCode=263001, st=Uttarakhand, serialNumber=27096a1625377537a487dee49224c 891823fc6a0334628b21e516047ed4f22f7, cn=AKASH Date: 2026.05.05 16:44:15 +05'30'