Uttarakhand High Court
Pooran Singh Negi vs Secretary Department Of Secretary ... on 30 April, 2024
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
AND
HON'BLE SRI JUSTICE RAKESH THAPILYAL
WRIT PETITION (PIL) NO.29 OF 2021
Pooran Singh Negi .....Petitioner
Versus
Secretary Department of Secretary Education, Government of
Uttarakhand & others ....Respondents.
Counsel for the Petitioner : None present for the petitioner
Counsel for the State/1 to 4 : Ms. Mamta Bisht, learned Deputy
Advocate General.
Counsel for the Respondent No.5 : Mr. Anil Kumar Bisht, learned
counsel
The Court made the following:
JUDGMENT:
(per Hon'ble The Chief Justice Ms. Ritu Bahri)
In the present Public Interest Litigation, the
respondent has referred to an Inquiry Committee Report
dated 22.06.2020, where findings have been given that there
was an illegality in purchasing of articles of smart class sets
installed in 49 schools in the District, and the respondent
no.4, had guilty for the said corruption. The Director General
Secondary Education vide its letter dated 29.01.2021, had
recommended the office of respondent no.1, to take
appropriate legal action against the erring officials.
2. On notice of this PIL, as per counter affidavit filed
by the Chief Secretary, Government of Uttarakhand, dated
03.01.2023, as per the report given by the three member
committee dated 22.06.2020, it was found that Shri Madan
Singh Rawat, the then Chief Education Officer was found
guilty, and thereafter, the matter was referred to the State
Government to take action as per law. The Officer was
chargesheeted, and thereafter, he was demoted on the post
of Deputy Director, which is one post lower than the post
presently held by him, vide order dated 22.12.2022,
Annexure no.1 to the writ petition. Further, inquiry was also
marked to the Vigilance Department, to find out the reasons
for delay in taking the decision, in which 5 departments of the
Government were involved. Order dated 23.12.2022,
Annexure no.2 to the writ petition.
3. Thereafter counter affidavit has been filed on
01.07.2023 by Secretary, School Education, Government of
Uttarakhand, Dehradun, with respect to the delay. On inquiry
Shri Sunil Kumar Lakhera, the then Section Officer, Secretary
Education, and one Shri Rama Shankar Singh, the then
Review Officer, Secondary Education, were found guilty. A
letter was sent on 24.03.2023 to the appointing authority,
Secretary, Secretariat Administrative Department,
Uttarakhand, to take action against these officials. This letter
is Annexure no.3. There was an inquiry, and as per the
inquiry report there was delay of 240 days at the level of the
Rural Development Department, and the Secretary Rural
Development Department, was also requested to take action
at his level vide letter dated 24.03.2023 (Annexure no.4 to
the writ petition). As per inquiry report dated 24.03.2023,
Annexure no.5, there was a delay of 54 days caused by the
office of Director General, School Education.
4. Pursuant to this, a strict warning has been given to
Shri Sunil Kumar Lakhera, the then Section Officer, Secretary
Education, and one Shri Rama Shankar Singh, the then
Review Officer, Secondary Education, vide its office
memorandum dated 19.05.2023, Annexure no.6, and as per
the letter sent by the Rural Development Department dated
06.06.2023, Annexure no.7, the delay was natural, and it
could not be said that there was any deliberate delay at the
level of the Rural Development Department. As per the
Director General, School Education, the inquiry report was
kept in a drop box on 04.05.2021, due to Covid 19 pandemic,
and the work of the disbursement was done by Shri Yaduveer
Singh Negi, who retired on 31.03.2022.
5. Since appropriate steps have already been taken
for the cause of delay as it was evident from the affidavit of
the Secretary, School Education, Government of Uttarakhand
and punishment has also been given to the officers, as it was
evident from order dated 22.12.2022, Annexure no.1, and
order dated 23.12.2022, Annexure no.2, along with affidavit
of Chief Secretary, Government of Uttarakhand, no further
directions are required to be given in this PIL.
6. In view of the above, the PIL is disposed of
accordingly.
(RITU BAHRI, C.J.)
(RAKESH THAPLIYAL, J.)
Dated: 30th April, 2024
NR/
