Uttarakhand High Court
Ashutosh Shukla vs State Of Uttarakhand And Another on 29 April, 2025
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No. 620 of 2025 (S/S)
Ashutosh Shukla ..........Petitioner
Vs.
State of Uttarakhand and Another ........ Respondents
Present : Mr. Bhuvnesh Joshi, Advocate for the petitioner.
Mr. R.S. Bisht, Additional C.S.C. for the State.
Mr. Ravi Babulkar, Advocate for the respondent no.2.
JUDGMENT
Hon'ble Ravindra Maithani, J. (Oral)
By means of the instant petition, the petitioner
challenges order dated 27.03.2025, passed by the
respondent no.2, Chief Executive Officer, Sri Badarinath
Kedarnath Temples Committee (BKTC), by which the
petitioner has been attached at Joshimath Office. He has
been asked to deposit all the official documents, and he
has been relieved of his duties, and it has further been
directed that the petitioner may not be able to withdraw
his salary.
2. Heard learned counsel for the parties and
perused the record.
3. Initially, the petitioner was appointed as
Electrical Supervisor with the BKTC on fixed wages on
22.08.2016. Thereafter, he was posted on some other
positions. Finally, he was deployed with BKTC to manage
the legal works. By a decision dated 03.08.2022, he was
appointed as Law Assistant on probation. The petitioner
raised demands for regularization of his services as well
as minimum wages, insurance benefits and other
benefits. He did one day Sanketik Dharna at BKTC Camp
Office, Dehradun, on 27.03.2025. He was given a notice,
and on the same date, the impugned order has been
passed.
4. Learned counsel for the petitioner would
submit that the petitioner was given a show cause notice
on 27.03.2025, as to why did he join the dharna, as it
amounts to misconduct, and on the same date, the
impugned order has been passed, which though written
as Annexure No.1 in the prayer clause, but it is Annexure
No.2, Page No.16 to the writ petition.
5. Learned counsel for the respondent no.2/BKTC
would submit that the impugned order is not any
punishment order; the petitioner had taken leave for
attending his ill wife, but he joined the dharna at BKTC
Dehradun Office, which is a misconduct; the petitioner
was not found on his seat; he was required to join his
duties, which he refused. Insofar as the salary is
considered, as soon as the petitioner joins his new place
of posting, the salary would be paid to him.
6. Fact remains that on 27.03.2025, the petitioner
was served with a notice by the respondent no.2/BKTC to
show cause as to why action may not be taken against
him for joining the dharna at BKTC Camp Office,
Dehradun. It is also a fact that on the same date, the
impugned order has been passed, by which the petitioner
was required to deposit all the official documents and he
was relieved of his duties. He was also restrained to
withdraw his salary, and at the same time, he was
attached at Joshimath office.
7. Learned counsel for the respondent no.2/BKTC
would submit that during this Char Dham Yatra Season,
the personnel are deployed at various places in the Yatra
route, therefore, it is merely a posting of the petitioner at
the Joshimath Office for exigencies of the duties.
8. Having considered, this Court is of the view
that except the part of posting at Joshimath Office, the
other directions in the impugned order should have
awaited the response of the petitioner pursuant to the
notice dated 27.03.2025, that was given to him by the
respondent no.2/BKTC. In the instant case, on the one
hand, show case notice was served on 27.03.2025, and
on the other hand, some other adverse order has been
passed by the respondent no.2/BKTC, which includes
deposition of his documents; relieving of his duties; and
restraining him to withdraw his salary.
9. Learned counsel for the petitioner would
submit that the petitioner is ready to join his new place of
posting within three days and will file his response to the
show cause notice dated 27.03.2025.
10. The petition is disposed of with the directions
to the petitioner to join his new place of posting at
Joshimath Office within three days from today. Within a
week, thereafter, the petitioner shall file his response to
the show cause notice dated 27.03.2025. The respondent
no.2/BKTC shall take a decision on the response of the
petitioner within a week, thereafter. Till then, the
directions in the impugned order dated 27.03.2025,
expect the direction for the place of posting, shall remain
in abeyance.
(Ravindra Maithani, J.)
29.04.2025
Ravi Bisht
