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Uttarakhand High Court
WPSS/1571/2025 on 12 February, 2026
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2026:UHC:828
Office Notes,
reports, orders or
proceedings or
SL. No. Date COURT'S OR JUDGE'S ORDERS
directions and
Registrar's order
with Signatures
WPSS/1571/2025
Hon'ble Manoj Kumar Tiwari, J.
Mr. Vinod Sharma, Advocate with Mr.
Kamlesh Budhlakoti, Advocate for the petitioner.
Mr. Pradeep Hairiya, Standing Counsel with
Mr. Dinesh Bankoti, Brief Holder for the State.
2. Petitioner is challenging the order of
suspension dated 30.05.2025, passed by District
Education Officer (Elementary), Chamoli.
3. Perusal of the impugned order reveals that
earlier also, an order of suspension was passed
against petitioner, which was set aside by Division
Bench of this Court vide judgment dated
12.12.2024, passed in Writ Petition No. 382 of 2023
(SS).
4. District Education Officer, however, has
proceeded to justify the earlier suspension order,
which was quashed by Division Bench of this Court.
An observation has been made in the suspension
order that subsequent order, issued on 30.05.2025
shall abide by outcome of Writ Petition No. 382 of
2023 (SS).
5. Since the said writ petition was finally decided
by Division Bench of this Court vide judgment dated
12.02.2024, therefore, there is no question of
subsequent order being subject to a writ petition,
which stood decided much earlier.
6. Even otherwise also, the District Education
2026:UHC:828
Officer cannot sit in judgment rendered by Division
Bench of this Court, whereby earlier suspension
order was quashed. The impugned order was passed
a day before the date on which petitioner was going
to retire.
7. The impugned suspension order dated
30.05.2025 is clearly unsustainable in the eyes of
law, therefore, the writ petition is allowed. The
impugned order is quashed.
8. Learned State Counsel, on instructions submits
that the Enquiry Officer appointed to look into the
charges against the petitioner in the pending
disciplinary enquiry has submitted enquiry report
and final order, however, could not be passed
because of pendency of this writ petition.
9. Accordingly, the competent authority is
permitted to pass final order based on the findings
returned by enquiry officer.
10. This Court hopes and expects that final order
shall be passed within three weeks from date of
presentation of certified copy of this order.
11. Subject to the decision taken by Disciplinary
Authority, the case of the petitioner for grant of
pension and other retiral dues shall be considered
and necessary order shall be passed within six weeks
from date of production of certified copy of this
order.
(Manoj Kumar Tiwari, J.)
12.02.2026
Mahinder/
MAHINDER SINGH
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c,
postalCode=263001, st=UTTARAKHAND,
serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BAB
A43D2B8F, cn=MAHINDER SINGH
Date: 2026.02.12 17:22:01 +05'30'
2026:UHC:828
