High Court · 2025

1. Ms. Anupriya Kukret i, Advocat e holding brief of Mr. M.C. Pant , learned counsel for t he pet it ioner.

2. Mr. K.N. Joshi, Advocat e General Ut t arakhand. learned Deput y t he St at e of

3. Pet it ioner is serving as Direct or in Depart m ent of Cult ure, Governm ent of t his writ Ut t arakhand. By m eans of pet it ion, pet it ioner has t he following reliefs: - sought ( i) ( ii) I ssue writ , rule or direct ion in t he nat ure of cert iorarified m andam us quashing t he im pugned order dat ed 18.09.2020 passed by Respondent no. 3 and not ice dat ed 14.12.2020 issued by Respondent no. 4 ( cont ained as Annexure No. 2 & 3 t o t he it s effect and writ pet it ion) along wit h operat ion also, aft er calling ent ire records from t he Respondent , keeping in view t he fact s highlight ed in t he body of t he writ pet it ion relief t o m ould appropriat ely. t he I ssue writ , rule or direct ion in t he nat ure of cert iorarified m andam us quashing t he inquiry init iat ed against t he pet it ioner by t he Direct or General pert aining t o an issue raised by t he ret ired adm inist rat ive officer in lieu of t he issue pert aining t o t he year 2009 vide com plaint dat ed 1.10.2020, aft er calling ent ire records from t he Respondent , keeping in view t he fact s highlight ed in t he body of t he writ pet it ion or t o m ould t he relief appropriat ely. ( iii) I ssue writ rule or direct ion in t he nat ur e of prohibit ion t o rest rained t he Respondent s t o t ake any st eps in furt herance t o t he im pugned order k eeping in view of t he fact s highlight ed t he pet it ion. t he body of ( iv) I ssue writ rule or direct ion t o award t he dam ages and com pensat ion in t une of such am ount which fit and proper in t he circum st ances of t he case and t he sam e m ay be recovered from t he erring officers. t he court deem s The dat ed

18.09.2020, 4. im pugned by t he pet it ioner, is enclosed as Annexure no. 2 t o t he writ pet it ion. By t he said order, post of Direct or General was creat ed and it was decided by St at e Governm ent t hat a Mem ber of I ndian Adm inist rat ive Service, holding t he rank of Addit ional Secret ary, shall be post ed as Direct or General.

5. Pet it ioner has also challenged order dat ed 14.12.2020, whereby t he Enquiry Officer called upon t he pet it ioner t o give para- wise reply t o t he com plaint m ade by one Mr. Gabbar Singh Negi, ret ired Officer, Adm inist rat ive Senior Depart m ent of Cult ure. learned counsel 6. Heard part ies and perused t he record. t he Learned counsel for t he pet it ioner 7. subm it s t hat pet it ioner was exonerat ed in t he enquiry, t herefore, t he relief, as claim ed in prayer no. 2, do not survive.

8. As regards t he challenge t o Office Mem o dat ed 18.09.2020, we do not find any reason t o int erfere in t he said order. I t is not t he case of pet it ioner t hat she t o be considered prom ot ion t he post of Direct or General. From t he order im pugned, it is t o t he t hat t he post of Direct or revealed General was creat ed for t he first t im e by t herefore, pet it ioner t hat very order, t o be cannot have any vest ed right prom ot ed as Direct or General. The decision t o appoint a Mem ber of 9. I ndian Adm inist rat ive Officer as Direct or General is basically a policy decision and it could have been challenged only if t hat decision was cont rary t he Service Rules or som e ot her St at ut ory provision. t he case here, Since t herefore, we do not find any reason t o int erfere wit h t he im pugned order dat ed 18.09.2020. is not t hat t o

10. Accordingly, t he writ pet it ion fails and is dism issed. ( Su b h a sh Up a d h y a y , J.) ( M a n o j K u m a r Ti w a r i , J.)

12.08.2025 Aswal NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa8 5f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D2 6F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL