Citation : 2026 Latest Caselaw 1099 UK
Judgement Date : 16 February, 2026
2026:UHC:961
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
WPSS 1254/2025
Hon'ble Manoj Kumar Tiwari, J.
None for the petitioner.
Mr. N.K. Papnai, Standing
Counsel, for the State.
(2) This writ petition was filed on
25.7.2025. Registry pointed out certain defects. Defects have not been removed despite orders dated 29.7.2025, 3.9.2025, 15.10.2025, 26.11.2025 and 2.1.2026, passed by Registrar (Judicial). Thereafter matter was listed before this Court and one week was granted for curing the defects, vide order dated 6.1.2026. Thereafter again time for curing the defects was given vide order dated 11.2.2026. However, defects have not been cured so far. Counsel for the petitioner is also not present. (3) Petitioner has sought a direction to the competent authority to promote him from Group 'D' to Group 'C' post. He has also sought a direction to the Engineer-in- Chief, Irrigation Department to take decision on his representation dated 3.6.2025. Learned State Counsel, however, submits that petitioner was put under suspension, vide order dated 1.9.2025, on the charge of securing appointment based on forged documents. He submits that so long as disciplinary enquiry is pending against the petitioner, his claim for promotion cannot be considered. (4) This Court finds substance in the submission made by learned State Counsel. A government servant against whom disciplinary enquiry is initiated cannot be promoted during pendency of such enquiry.
2026:UHC:961
Therefore, the relief as claimed by the petitioner in the writ petition cannot be granted at this stage. Accordingly, writ petition is dismissed.
(Manoj Kumar Tiwari, J.) 16.2.2026 Pr PRABODH
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT
2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61
KUMAR af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB58 8052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.02.16 17:06:42 +05'30'
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