WPMS/2950/2025
2025 Latest Caselaw 5200 UK

Uttarakhand High Court

WPMS/2950/2025 on 3 November, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                             2025:UHC:9701
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions                COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               WPMS/2950/2025
                               Hon'ble Manoj Kumar Tiwari, J.

Mr. Dharmendra Barthwal, Advocate for the petitioner.

2. Mr. Suyash Pant, Standing Counsel for the State of Uttarakhand / respondents.

3. According to the petitioner, he has applied for issuance of a Character Certificate, which is needed by him for applying for award of contract. Since his application is not being considered, therefore, petitioner has approached this Court, seeking the following relief:-

"i) Issue a writ order or direction in the nature of mandamus commanding the respondents to forthwith direct the respondent no. 3 to issue Character Certificate to the petitioner."

4. Learned State Counsel submits that there are two criminal cases pending against petitioner, therefore, his prayer for Character Certificate cannot be granted.

5. Learned counsel for the petitioner, however, submits that although charge- sheet was filed, however, petitioner is not convicted in any of the cases and trial is proceeding at a very slow pace. He relies 2025:UHC:9701 upon a judgment rendered in Writ Petition (M/S) No. 1176 of 2014 (Krishna Pal Singh Chauhan v. District Magistrate Haridwar and others).

6. Learned State Counsel submits that the said judgment is distinguishable on facts, as the question there was whether the offence against Krishna Pal Singh Chauhan was involving moral turpitude or not. He submits that in the present case, there is no such question, therefore, the ratio of the said judgment is not applicable in the present case.

7. Be that as it may, since petitioner's application for Character Certificate is pending consideration before the competent authority, therefore, the writ petition is disposed of with a direction to the competent authority to consider petitioner's prayer and pass appropriate order, as per law, within six weeks from the date of presentation of certified copy of this order.

(Manoj Kumar Tiwari, J.) 03.11.2025

Navin

NAVEEN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb904 6f487df006da82a131bb4e4403d3c0a15,

CHANDRA postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A1038 19DA875643AF56D653D095C6ED9A86DAAB21 CE5, cn=NAVEEN CHANDRA Date: 2025.11.03 16:06:32 +05'30'