UKHC010109822026 2026:UHC:5286-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE SRI MANOJ KUMAR TIWARI AND HON’BLE SRI JUSTICE PANKAJ PUROHIT Writ Petition (SB) No. 381 of 2026 Rajeev Gupta …… Petitioners Versus Principal Secretary Energy Department and others …… Respondents Counsel for the petitioner : Ms. Priyanka Agrawal, Advocate Counsel for the respondents : Mr. B.S. Parihar, Additional CSC for the State Mr. Shobhit Saharia, Advocate for the caveator Ms. Arushi Batra, Advocate for respondent Nos. 2 to 5 The Court made the following: JUDGMENT: (per Hon’ble Justice Sri Manoj Kumar Tiwari) 1. Petitioner was an employee of Power Transmission Corporation of Uttarakhand Limited (PITCUL), who retired on 31.05.2026. Four days before his retirement, two chargesheets dated 26.05.2026 were issued against him. Petitioner has challenged the said chargesheets on the ground that Managing Director is not competent to issue chargesheet and no show cause notice was issued to the petitioner before issuing the chargesheets. 2. We are not impressed by the said contention. 3. According to petitioner, his appointing authority is the Board of Directors, therefore Managing Director could not have issued chargesheet. Per contra, learned counsel for the employer submits that Managing Director is exercising delegated powers of Board of Directors. He submits that Board of Directors is a 1 UKHC010109822026 2026:UHC:5286-DB collective body and chargesheet has to be issued by one individual officer, and not by a group of persons, therefore Managing Director has been authorized to exercise powers of Board of Director. 4. Second submission is bereft of merit. Issuing a chargesheet does not amount to punishment, as it has no penal or civil consequences. Petitioner has the opportunity to prove his innocence before the enquiry officer. Therefore, we are not inclined to interfere in the matter. 5. Learned counsel for the petitioner submits that since petitioner is a retired employee, therefore pendency of disciplinary enquiry will delay release of his retiral dues. 6. Having regard to the facts of the case, we dispose of the writ petition with a request to the disciplinary authority to have the disciplinary enquiry concluded in respect of the petitioner as early as possible, preferably within one year from date of presentation of certified copy of this order. Pending dues of the petitioner, which cannot be withheld on account of pendency of enquiry, shall be released in his favour within six weeks from today. However, petitioner shall be at liberty to raise all contentions, including the one raised before us before the enquiry officer. ______________________ MANOJ KUMAR TIWARI, J. _______________ PANKAJ PUROHIT, J. Dt: 2nd July, 2026 Mahinder/ 2 MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923 c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4B ABA43D2B8F, cn=MAHINDER SINGH Date: 2026.07.02 19:17:27 +05'30'