WPSB/81/2025 of VIJAY PRAKASH SINGH Vs STATE OF UTTARAKHAND

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA 02ndAPRIL, 2025

WRIT PETITION No. 81 OF 2025 (S/B)

Vijay Prakash Singh

…Petitioner

Versus

State of Uttarakhand And Another

…Respondents

Presence:-

Mr. Abhijay Negi and Ms. Snigdha Tiwari, learned counsel for the petitioner. Mr. B.S. Parihar, learned Standing Counsel for the State.

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JUDGMENT:(per Mr. Alok Mahra, J.)

Heard learned counsel for the petitioner, and the learned State Counsel.

2. In this Writ Petition, the petitioner has challenged the order dated 17.03.2025, by which respondent no. 1 was not satisfied with the inquiry conducted against the petitioner, and has directed reinquiry against him. perusal of the order impugned would reveal that respondent no. 1 was of the view, that in view of the revenue interest, the matter is required to be re-inquired, with respect to the charge-sheet dated 21.08.2023 issued to the petitioner.

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3. The contention of the learned counsel for the petitioner, is that that the inquiry was conducted against the petitioner and two other officers namely Sri Sri Kuldeep Singh and Sri Yashpal Singh. Since all of them were served with different chargesheets, therefore, different inquiries were conducted on the same set of charges, and the Inquiry Officer has submitted separate Inquiry Reports. However, respondent no.1 has accepted the Inquiry Report, in respect of Sri Kuldeep Singh, but has directed re-inquiry in the matter of the petitioner and Sri Yashpal Singh.

4. Learned counsel for the petitioner would take this

Court through Rule 9 of the Uttarakhand Government Servant (Discipline and Appeal) Rules, 2003 (as amended by Amendment Rules, 2010), and would submit that the respondents have not complied with Rule 9(1) of the aforesaid Rules. Rule 9(1) of the aforesaid Rules, insofar as it is relevant, reads as under:

“9. Action on Inquiry Report—

(1) The Disciplinary Authority may, for reasons to be recorded in writing, remit the case for re-inquiry to the same or any other Inquiry Officer under intimation to the

charged Government Servant. The Inquiry Officer shall thereupon proceed to hold the inquiry from such stage as directed by the Disciplinary Authority, according to the provisions of Rule-7.”

5. From perusal of the aforesaid Rule, it is apparent

that the Disciplinary Authority may, for reasons to be recorded in writing, remit the case for re-inquiry to the same, or any other Inquiry Officer, under intimation to the charged Government Servant, and, thereafter, the inquiry shall be proceeded from such stage as directed by the Disciplinary Authority, according to the provisions of Rule 7.

6. After perusing the order impugned in the Writ Petition, it is apparent that no reasons have been recorded by the Disciplinary Authority to show, as to why it has ordered for re-inquiry in the matter of the petitioner, whereas on the same set of charges, the Disciplinary Authority has accepted the finding of the Inquiry Officer in respect of another delinquent employee - Sri Kuldeep Singh.

7. Having regard to the facts and circumstances of the case, and having regard to Rule 9(1) of the Uttarakhand Government Servant (Discipline and Appeal) Rules, 2003, the impugned order dated

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17.03.2025 passed by the respondents is, hereby, quashed and set-aside. The respondents are directed to redo the matter, from the stage of consideration of the inquiry report, strictly as per the provisions of the Uttarakhand Government Servant (Discipline and Appeal) Rules, 2003. It is further directed that the whole inquiry proceedings be completed within period of four months since the chargesheet was issued on 21.08.2023.

8. With the aforesaid observations, the Writ Petition is disposed of.

As sequel thereto, the miscellaneous petitions, if

any pending, shall stand closed.

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G. NARENDAR, C.J.

Dt: 2[nd] April, 2025 UJJWAL

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ALOK MAHRA, J.