Extracted from the PDF above. The PDF is authoritative.
UKHC010106072026 2026:UHC:5456
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPSS/1608/2026 Rakesh Kumar Saha --Petitioner Versus Commissioner And Secretary --Respondent Hon'ble Pankaj Purohit, J. Mr. S.S. Yadav,
learned Counsel for the petitioner.
2. Mr. N.S. Pundir, learned Dy.A.G. for the State.
3. Petitioner has impugned the order of his reversion passed on 06.06.2026 (Annexure No.3 to the petition) whereby petitioner was reverted from the post of Registrar (Kanungo) to the post of Revenue Sub- Inspector (Patwari).
4. Petitioner has assailed the said reversion order mainly on the ground that petitioner was not given any show-cause notice nor any opportunity of hearing was afforded to him before passing said order.
5. On the other hand, learned State Counsel submits that from the impugned
order dated 06.06.2026 itself, it is reflected that petitioner was afforded the opportunity of hearing. In order to elucidate his position, he has attracted the attention of this Court to page no.56 of the petition wherein it has clearly been mentioned that after a due enquiry in which the petitioner participated, major punishment of reversion was inflicted upon the petitioner. He has further clarified that the charge-sheet, so issued to the petitioner, has been responded by him by filing the reply, and after consideration of the reply submitted
UKHC010106072026 2026:UHC:5456
by petitioner on various charges, impugned reversion
order has been passed.
6. There is no dispute to the fact that penalty of reversion imposed upon the petitioner to a lower post is a major penalty under the Uttaranchal Government Servants (Discipline and Appeal) Rules, 2003, (as amended by Amendment Rules, 2010).
7. Since major penalty has been imposed against the petitioner, petitioner may avail the statutory remedy of appeal, provided to him under Rule 11(1) of the aforesaid Rules, which is quoted below: - 11.Appeal—(1) Except the orders passed under these rules by the Governor, the Government Servant shall be entitled to appeal to the next higher authority from an
order passed by the Disciplinary Authority. (2) …….. (3) …….. (4) ……..”
8. In such view of the matter, this Court declines to interfere with the impugned order. However, it is made clear that the petitioner would be at liberty to avail remedy of filing appeal before the Appellate Authority against the impugned order of reversion passed by the disciplinary authority.
9. The writ petition is, accordingly, disposed of.
(Pankaj Purohit, J.)
07.07.2026 R.Dang