WPSS/142/2026
2026 Latest Caselaw 2833 UK

Uttarakhand High Court

WPSS/142/2026 on 8 April, 2026

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

              Office Notes,
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      Date    or directions                    COURT'S OR JUDGE'S ORDERS
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                               WPSS 142/2026
                               Hon'ble Manoj Kumar Tiwari, J.

Mr. Amar Murti Shukla, Advocate, for the petitioner.

Mr. Rajesh Sharma, Central Govt. Standing Counsel, for the respondents. (2) Petitioner is serving as Constable (GD) in Indo Tibetan Border Police. He is aggrieved by a notice, issued to him on 15.12.2025 by the Commandant, 39th Battalion, whereby petitioner was informed that he can file appeal against the decision taken by Invalidation Medical Board within 30 days. Petitioner challenged the said notice on the ground that he was not served with opinion of the Invalidation Medical Board, therefore there is nothing available to him against which he can file appeal; the notice dated 15.12.2025 was served upon petitioner after several weeks, therefore it was not possible for him to file appeal within the time prescribed in the notice.

(3) Coordinate Bench passed interim order on 14.1.2026, staying the effect and operation of the impugned notice. Today, during the course of argument, learned Counsel for the petitioner submitted that petitioner is ready to file appeal, as directed by the notice, and for this purpose, he be given some reasonable time.

(4) Mr. Rajesh Sharma, learned Counsel appearing for the respondents, submits that he has no objection if some reasonable time for filing appeal is given to the petitioner.

(5) Writ petition is, accordingly, disposed of granting liberty to petitioner to file appeal, in terms of the impugned notice, to the competent authority. If he files appeal within three weeks from today, decision thereupon shall be taken, as per law, on merits. Till decision on petitioner's appeal, status quo qua his posting shall be maintained.

(Manoj Kumar Tiwari, J.) 8.4.2026 Pr PRABODH

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT

2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af

KUMAR 3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588 052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.04.08 18:14:20 +05'30'