Uttarakhand High Court
WPSS/868/2021 on 22 July, 2021
Office Notes,
reports, orders or
proceedings or
SL. No Date COURT'S OR JUDGES'S ORDERS
directions and
Registrar's order
with Signatures
WPSS No. 868 of 2021
With
WPSS No. 869 of 2021
WPSS No. 879 of 2021
WPSS No. 880 of 2021
WPSS No. 881 of 2021
WPSS No. 882 of 2021
Hon'ble Sharad Kumar Sharma, J.
(Through Video Conferencing)
Mr. Shivanand Bhatt, Advocate for the
petitioner.
Mr. B.S. Rawat, Brief Holder for
respondent Nos. 2 and 3.
I. Writ Petition (S/S) No. 868 of 2021, is
arising out of an appellate order dated 22nd
October, 2020, as passed in Appeal No. A (UR)
31403 of 2020.
II. Writ Petition (S/S) No. 869 of 2021, is
arising out of an order dated 21st October, 2020,
rendered in Appeal No. A (UR) 31399 of 2020.
III. Writ Petition (S/S) No. 879 of 2021, is
arising out of the judgment of 21st October, 2020,
rendered in Appeal No. A (UR) 31401 of 2020.
IV. Writ Petition (S/S) No. 880 of 2021, is
arising out the judgment of 22nd October, 2020,
rendered in Appeal No. A (UR) 31404 of 2020.
V. Writ Petition (S/S) No. 881 of 2021, is
arising out of the judgment dated 21st October,
2020, rendered in Appeal No. A (UR) 31400 of
2020.
VI. Writ Petition No. 882 of 2021, is arising
out the judgment dated 22nd October, 2020,
rendered in Appeal No. A (UR) 31402 of 2020.
Connect all these Writ Petitions.
By virtue of the appellate orders, which
are under challenge before this Court in
respective Writ Petitions, and particularly, the
finding, which has been recorded by the
Appellate Authority in its para 8, whereby, the
direction has been issued that the warning, which
has been issued to the petitioner, should be
recorded in the service record of the petitioner.
Relevant part is extracted hereunder:-
"funs"kd] funs"kky; mYila[;d dY;k.k mRrjk[k.M
ls vis{kk gS fd os yksd lwpuk vf/kdkjh @Jh ;"koUr flag]
ftyk vYila[;d dY;k.k vf/kdkjh] m/keflaguxj dks dBksj
psrkouh fuxZr djrs gq, mDr fuxZr dBksj psrkouh mudh
lsok iqfLrdk esa pLik djuk lqfuf"pr djsaxs] rkfd bl izdkj
dh ykijokgh dh iqujko`fRr yksd lwpuk vf/kdkjh }kjk u dh
tk;sA"
The argument of the learned counsel for
the petitioner is that the direction which has been
issued for issuing warning and affixing it in the
service record of the petitioner, happens to be
contrary to the powers vested with the Appellate
Authority under Section 19 (3) of the Right to
Information Act, to be read with Section 20 of
the Act, and no such direction, as such of
recording of warning and making it as part of
service record, empowers to be rendered by the
Appellate Authority, under the Act, except that
of imposition of the penalty which had been
provided under Section 20 of the Act. Its power
of imposing punishment cannot be widened
further, under law.
In that eventuality, let notices be issued to
the respondent Nos. 1 and 4.
and 3 have been accepted by the learned Brief
Holder for the State, Mr. B.S. Rawat.
The petitioner would take steps within a
period of ten days from today.
The respondents may file their counter
affidavits within a period of four weeks'
thereafter.
Till the next date of listing, the effect and
operation of the impugned orders, would be kept
in abeyance, only limited to the extent, so far the
warning has been issued to the petitioner and the
same has been directed to be affixed in the
service record of the petitioner, as a consequence
of the part, which has been extracted above.
The learned Brief Holder has pointed out
that out of the total Writ Petitions, only copy of
some of the Writ Petitions, have not been
supplied to the State Counsel. Learned counsel
for the petitioner is directed to supply the un-
served copy of the Writ Petitions, through mail
to the State Counsel.
List these Writ Petitions after four weeks.
(Sharad Kumar Sharma, J.)
Dated 22.07.2021
Shiv
