6Th April vs State Of Uttarakhand & Another
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Uttarakhand High Court

6Th April vs State Of Uttarakhand & Another on 6 April, 2026

                                                         2026:UHC:2404-DB



     IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

         HON'BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA
                                 AND
              HON'BLE SRI JUSTICE SUBHASH UPADHYAY



               WRIT PETITION (S/B) NO. 139 OF 2025


                              6TH APRIL, 2026


Brijesh Kumar                                    ......           Petitioner


Versus


State of Uttarakhand & another                     ......         Respondents


Counsel for the petitioner        :       Mr. Kishore Rai, learned counsel

Counsel for the respondents       :       Mr. Yogesh Chandra Tiwari, learned
                                          Standing Counsel for the State




The Court made the following:


JUDGMENT:

(per Sri Manoj Kumar Gupta, C.J.)

1) The petitioner retired from the post of Joint

Director, Horticulture department on 31.01.2025. By Office

Memo dated 13.02.2025, impugned herein, the respondents

sanctioned provisional pension as a CBI inquiry is stated to be

in progress against the petitioner.

2) A Co-ordinate Bench vide order dated 23.02.2026,

directed the respondents to release the entire retiral dues and

2026:UHC:2404-DB pensionary benefits in favour of the petitioner or, in case, the

department has any objection, to show-cause by way of filing

a short counter-affidavit.

3) In pursuance of the said order written instructions

have been furnished to the Chief Standing Counsel by the Joint

Secretary, Uttarakhand Government. Along with it an Office

Order dated 04.04.2026 has been annexed, which indicates

that the respondents have approved final pension. The order

also records that at present no inquiry is pending against the

petitioner, nor any charge-sheet has been submitted against

him. In the written instructions also the same stand has been

taken.

4) In view of the above, the writ petition is disposed of

directing the respondents to forthwith release final pension as

per the Office Order dated 04.04.2026.

5) Pending application(s), if any, also stand disposed

of.

_______________________ MANOJ KUMAR GUPTA, C.J.

_________________ SUBHASH UPADHYAY, J.

        TH
Dt: 6        APRIL, 2026
Negi





 HIMANS
                  DN: c=IN, o=HIGH COURT OF

UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13 aaf116e73351fdaf6878326386908a7f90

HU NEGI d5757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC 51A722A6BC552D470EB4FD2F88DDF7C 18DB2A1524A4D, cn=HIMANSHU NEGI Date: 2026.04.06 17:44:57 +05'30'