WPSB/332/2022
2022 Latest Caselaw 1980 UK

      RIN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

                       SRI JUSTICE VIPIN SANGHI, C.J.
                                   AND
                        SRI JUSTICE R.C. KHULBE, J.

4th JULY, 2022

WRIT PETITION (S/B) No. 332 OF 2022 Between:

Raghu Nandan Papnai ....Petitioner

and

State of Uttarakhand and others. ...Respondents

Counsel for the petitioner. : Mr. B.S. Adhikari, learned counsel.

Counsel for the respondents : Mr. C.S. Rawat, learned Chief Standing Counsel for the State of Uttarakhand / respondent No. 1.

Mr. Narendra Bali, learned Standing Counsel for the Union of India / respondent Nos. 2 to 4.

Upon hearing the learned Counsel, the Court made the following

JUDGMENT : (per Sri Vipin Sanghi, C.J.)

Mr. C.S. Rawat, learned Chief Standing Counsel,

appearing on behalf of the State of Uttarakhand, on

instructions, states that the petitioner is an employee of the

State Government, and that the Court of inquiry, as

applicable to the Armed Force personnel, could not have

been invoked in respect of the petitioner.

2. In the light of the said submission, we allow this

petition, and hold that the inquiry against the petitioner

could be held under the Uttarakhand Government

Servants (Discipline & Appeal) Rules, 2003 and the

Uttarakhand Government Servants Conduct Rules, 2002.

The Court of inquiry, initiated against the petitioner, is

accordingly quashed.

3. However, we make it clear that we have not

expressed any opinion on the merits of the case against the

petitioner.

________________ VIPIN SANGHI, C.J.

____________ R.C. KHULBE, J.

Dt: 4th July, 2022 Rathour