High Court · 2025

Mr. Nav nish Negi, learned counsel. Mr. S.N. Babulkar, learned Advocat e General wit h Mr. C.S. Rawat , learned Chief St anding Counsel. Mr. Vinay Kum ar , learned counsel. Mr. D.S. Pat ni, learned Senior Advocat e assist ed by Mr. D. Bart hwal, learned counsel. JUD GM EN T : ( p e r M r . G. N a r e n d a r , C.J.) Heard learned counsel t he pet it ioner and learned Advocat e General wit h t he Chief St anding Counsel for t he St at e.

2. Learned Advocat e General has placed on record t he proceedings of t he Addit ional Secret ary, Personnel and Vigilance Depart m ent dat ed 08.07.2024.

3. At t he out set , learned Advocat e General would oppose t he m aint ainabilit y of t he pet it ion on t he short ground t hat t here are num erous cases filed against t he pet it ioner; t hat he has cont est ed elect ions and; t hat t his is not a public int erest lit igat ion, but a Paisa Vasool lit igat ion. He would also place reliance on a ruling of t he Hon’ble Apex Court rendered in t he case of St a t e o f Jh a r k h a n d v s. 1 Sh i v Sh a n k a r Sh a r m a ( Ci v i l A p p e a l N o s. o f 2 0 2 2 a r i si n g o u t o f SLP ( C) N o s. 1 0 6 2 2 - 1 0 6 2 3 o f 2 0 2 2 ) report ed in 2 0 2 2 SCC On Li n e SC 1 5 4 1 , decided on

07.11.2022, and in part icular, he would place reliance on t he observat ions of t he Hon’ble Apex Court in Paragraph Nos. 24, 25, 26, 29, 30 and 31.

4. The fulcrum of t he allegat ion is t hat respondent No. 5, who is current ly funct ioning as Managing Direct or of Ut t arakhand Power Corporat ion Lim it ed, has indulged in corrupt pract ices in t he m at t er of awarding t enders and has am assed wealt h disproport ionat e t o known source of incom e.

5. The pet it ion is canvassed along t he sam e lines and reliance is sought t o be placed on a report of a Com m it t ee const it ut ed by t he t hen Managing Direct or of Power Transm ission Corporat ion of Ut t arakhand Lim it ed vide order No. 713 dat ed 01.05.2018. The Com m it t ee, aft er conduct ing t he inquiry, is said t o have subm it t ed a report indict ing t he fift h respondent , who t hen was discharging t he dut ies as Chief Engineer, but while so observing, t he Com m it t ee held t hat as t he Com m it t ee is not vest ed wit h eit her I nvest igat ive or police powers and hence t he m at t er is required t o be dealt wit h by t he St at e Vigilance Est ablishm ent . 2

6. The learned Advocat e General would subm it t hat t he Personnel and Vigilance Depart m ent has ruled t o drop t he inquiry vide order dat ed 08.07.2024.

7. I n t hat view of t he m at t er, he would subm it t hat t he decision having been t aken and t he sam e not being challenged, t he quest ion of ent ert aining t he writ pet it ion would not arise. That apart , he would reit erat e his cont ent ion t hat t he pet it ioner and t he pet it ion bonafides and; t hat in t he light of t he law laid down by t he Hon’ble Apex Court in t he ruling referred t o supra, t he m at t er requires t o be gone t hrough by a Court of com pet ent j urisdict ion, and t his Court , in exercise of it s powers under Art icle 226 of t he Const it ut ion of I ndia, cannot conduct a t rial, which has im plicat ions of incarcerat ions and det ent ions.

8. The cont ent ions, canvassed by learned Advocat e General, bears subst ance and m erit s considerat ion. The m at t er requires est ablishm ent of fact s and appreciat ion of m at erial for concluding such fact s.

9. I n t hat view, t he cont ent ion t hat t he forum for t he pet it ioner would be before t he com pet ent Trial Court and not before t his Court requires t o be appreciat ed.

10. Learned counsel for t he pet it ioner would subm it t hat such libert y m ay be grant ed t o him t o approach t he 3 com pet ent Court .

11. The subm issions of t he learned Advocat e General and t he learned counsel for t he pet it ioner are placed on record.

12. The pet it ion is disposed of by perm it t ing t he pet it ioner t o approach t he com pet ent Court having j urisdict ion t o ent ert ain com plaint s relat ing t o offences under t he Prevent ion of Corrupt ion Act . The pet it ion st ands ordered accordingly. Pending applicat ion, if any, also st ands disposed

14. of. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ G. N A REN DA R, C.J. _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK M A H RA , J. Dt : 6 t h June, 2025 Rat hour PRAVINDR A SINGH RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=23699ccc2fd40ad81b6fd13323779d9e3aeb10 97d17dbb53d481cabd25946eed, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF92A40CC6179B 8E010331BA695239171F906FD5C45C4E8, cn=PRAVINDRA SINGH RATHOUR 4