Uttarakhand High Court
21St November vs Union Of India And Others on 21 November, 2025
2025:UHC:10405-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
AND
HON'BLE SRI JUSTICE SUBHASH UPADHYAY
WRIT PETITION (PIL) NO. 74 OF 2025
21ST NOVEMBER, 2025
Sukhvinder Singh ...... Petitioner
Versus
Union of India and others ...... Respondents
Counsel for the petitioner : Dr. Kartikey Hari Gupta and Ms.
Irum Zeba, learned counsel
Counsel for the respondents : Mr. Manoj Kumar, learned Standing
Counsel for the Union of India /
respondent No. 1
: Ms. Rajni Supyal Latwal, learned Brief
Holder for the State / respondent
No. 6
The Court made the following:
JUDGMENT:
(per Hon'ble The Chief Justice Sri G. Narendar)
Heard the learned counsel for the petitioner Dr.
Kartikey Hari Gupta, the learned Standing Counsel for the
Union of India Mr. Manoj Kumar, and the learned Brief
Holder for the State Ms. Rajni Supyal Latwal.
2025:UHC:10405-DB
2) Notice to respondent Nos. 2, 3, 4 and 5 is
dispensed with.
3) The petitioner has sought for the following
prayers :
"(i) Issue a writ, order or direction in the nature of
mandamus directing the respondent no. 1 & 5 to
appoint one or more persons to review the financial
embezzlement pointed out in the Audit Inspection
Report of I.I.M., Kashipur for the period dated
01.04.2021 to 31.03.2023 (Annexure No. 1.)
prepared by the Office of the Principal Director of
Audit (Central), Lucknow Branch Office Prayagraj;
and hold enquiry into the same under Section
10A(2) of the I.I.M. (Amendment) Act, 2023
(Annexure No. 5) and further take such action and
issue such directions as considered necessary under
Section 10A(4).
(ii) Issue a writ, order or direction in the nature of
mandamus directing the respondent no. 1 institute
enquiry / financial review on the basis of Audit
Inspection Report of I.I.M., Kashipur for the period
dated 01.04.2021 to 31.03.2023 (Annexure No. 1)
prepared by the Office of the Principal Director of
Audit (Central), Lucknow Branch Office Prayagraj;
2025:UHC:10405-DB
and take disciplinary / administrative action against
the respondent Institute Authorities.
(iii) Any other suitable writ, order or direction which this
Hon'ble Court may deed fit and proper in the
circumstances of the.
(iv) Further prays that the Hon'ble Court may direct the
respondents to pay the cost of the litigation."
4) We have queried the learned counsel if any
representation or complaint is made to the authorities,
i.e., the first respondent to which the learned counsel
would submit that no such representation or complaint
has been made.
5) In that view, we are of the opinion that the ends
of justice will be served if the first respondent is directed
to treat the instant writ petition as a representation and
consider and pass necessary orders within a stipulated
time.
6) In that view of the matter, the writ petition is
disposed of with a direction to the first respondent,
Secretary, Department of Higher Education, Government
of India to consider the instant writ petition as a
representation and dispose of the same by a reasoned
2025:UHC:10405-DB
order. The first respondent shall complete the exercise
within four weeks from the date of receipt of a copy of this
order. It is open to the petitioner to forward a separate
copy of the order, and the copy of the writ petition, to the
first respondent.
7) There shall be no order as to costs.
8) Pending application, if any, also stands disposed
of.
________________
G. NARENDAR, C.J.
_________________
SUBHASH UPADHYAY, J.
Dt: 21ST NOVEMBER, 2025
Negi
HIMANS
DN: c=IN, o=HIGH COURT OF
UTTARAKHAND, ou=HIGH COURT OF
UTTARAKHAND,
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f116e73351fdaf6878326386908a7f90d575
HU NEGI
7, postalCode=263001,
st=UTTARAKHAND,
serialNumber=75BD9D0FB7F4A80990FC5
1A722A6BC552D470EB4FD2F88DDF7C18
DB2A1524A4D, cn=HIMANSHU NEGI
Date: 2025.11.24 11:46:13 +05'30'
