WPSS/1981/2022
2025 Latest Caselaw 2124 UK

Uttarakhand High Court

WPSS/1981/2022 on 18 February, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                              COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
                  Signatures




                                      WPSS No. 2384 of 2022
                                      WPSS No. 2396 of 2022


                                      Hon'ble Rakesh Thapliyal, J.

1. Mr. Rajendra Dobhal, learned senior counsel assisted by Mr. Shubhang Dobhal and Mr. Anil Kumar Joshi, learned counsel for the petitioners.

2. Mr. Narayan Dutt, learned Brief Holder for the State.

3. Learned senior counsel Mr. Rajendra Dobhal submits that the petitioner were regularized on 29.01.2028, however on an anonymous complaint of one Surendra Singh, son of late Shyam Singh, Village Paniyala, District Haridwar dated 20.7.2022 in an exparte manner an enquiry was conducted and based on that enquiry report petitioner was dismissed from service by the order impugned dated 20.07.2022.

4. It is submitted by the learned senior counsel Mr. Rajendra Dobhal that even after the enquiry made on the complaint of one Surendra Singh no full fledged enquiry was conducted. The petitioners' services were dispensed with by the order impugned after 7 years of their regularization without holding a full fledged enquiry based on an anonymous complaint of a third person.

5. It has not been disputed that the petitioners were already regularized therefore without following the full fledged enquiry the services of the petitioners cannot be dispensed with.

6. Apart from this, Mr. Rajendra Dobhal, learned senior counsel also pointed out that the anonymous complaint was not supported with the affidavit and in reference to this Mr. Rajendra Dobhal, learned senior counsel placed reliance on a judgment of Division Bench of this court in the case of Mr. Dhananjay Chaturvedi vs. High Court of Uttarakhand i.e. WPSB 499 of 2023 decided on 29.12.2023.

7. Though the pleadings are exchanged, but this aspect goes to the route of the matter since the petitioner was a regular employee then without holding a full fledged enquiry their services cannot be dispensed with.

8. It has also been informed that in identical matters in respect of similarly situated incumbents the Coordinate Bench of this court passed an interim order staying the order of dismissal.

9. After hearing the arguments of learned counsel for the parties, this court is of the view that the petitioners are also entitled for interim relief.

10. List this matter in the week commencing 05.05.2025.

11. Till the next date of listing the impugned order of dismissal dated 20.07.2022 passed by the District Assistant Registrar Cooperative Society and the order dated 31.07.2022 passed by the Secretary shall remain stayed.

(Rakesh Thapliyal, J.) 18.02.2025 PR