Unknown vs State Of Uttarakhand And Others
2026 Latest Caselaw 1437 UK

Uttarakhand High Court

Unknown vs State Of Uttarakhand And Others on 24 February, 2026

Author: Pankaj Purohit

Bench: Pankaj Purohit

                                                       2026:UHC:1188
HIGH COURT OF UTTARAKHAND AT NAINITAL
        Writ Petition Misc. Single No.419 of 2026
                       24th February, 2026
Uttam Singh Bisht                                ..........Petitioner

                               Versus

State of Uttarakhand and others              ...........Respondents
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Presence:-
Mr. D.S. Mehta, Advocate for the petitioner.
Mr. Suyash Pant, S.C. for the State.
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Hon'ble Pankaj Purohit, J.

This writ petition has been filed under Article 226 of the Constitution of India, whereby the petitioner has put to challenge a charge sheet dated 25.09.2019 on various grounds alleging illegality, mala fide and violation of principles of natural justice.

2. It is a settled provision of law as enunciated by Hon'ble Apex Court in the case of Secretary, Ministry of Defence and Others vs. Prabhash Chandra Mirdha reported in (2012) 11 SCC 565, wherein it has been stated that by challenging the charge sheet the disciplinary proceedings cannot be scuttled in mid way, therefore, the writ proceedings would not be entertainable.

3. From the charge sheet it appears that the petitioner was working as a Data Entry Operator with the respondent no.4 where some dispute arose with regard to the transfer of the petitioner from Load Body, Autoline Industries Ltd., Plot-5, Sector-11 (Tata Vendor Park) IIE Pantnagar, U.S. Nagar, Uttarakhand-263153 to Press Shop, Autoline Industries Ltd., Plot-8, Sector-11 (Tata Vendor Park) IIE, Pantnagar, U.S. Nagar, Uttarakhand- 263153.

4. When the said transfer was not obeyed by the

2026:UHC:1188 petitioner, he was placed under suspension and a departmental inquiry proceeded against him and consequently the impugned charge sheet has been issued by the petitioner calling upon him to reply the same.

5. The petitioner replied to the said charge sheet vide his reply dated 28.09.2019.

6. It is contended by learned counsel for the petitioner that the aforesaid disciplinary proceedings are pending since 2019. Although the reply has also been submitted and he has been put under suspension incessantly and in between three Inquiry Officers have been changed.

7. Having heard learned counsel for the petitioner, this Court is of the view that as per the verdict of Apex Court disciplinary proceedings cannot be scuttled at the stage of charge sheet. But in the interest of justice this much can be done that Disciplinary Authority of respondent no.4 may be directed to conclude the disciplinary proceedings initiated against the petitioner pursuant to charge sheet dated 25.09.2019, annexure no.1 to the writ petition, within a stipulated period.

8. Accordingly writ petition stands disposed off. The Disciplinary Authority of the respondent no.4 is hereby directed to conclude the inquiry commenced against the petitioner on impugned charge sheet dated 25.09.2019, annexure no.1 to the writ petition, within a period of six months from the date of production of certified copy of this order, strictly in accordance with the rules and following the principle of natural justice.

(Pankaj Purohit, J.) 24.02.2026 SK