High Court · 2025

None appears for t he pet it ioner. Mr. P.S. Bisht , Addit ional CSC, for t he St at e. Mr. D.S. Pat ni, Senior Advocat e, assist ed by Mr. Dharm endra Bart hwal, Advocat e for t he respondent no. 2. Pet it ioner part icipat ed a ( 2) select ion, held by St at e Govt . in t he year for appoint m ent as Managing 2021, Direct or, Ut t arakhand Power Corporat ion Lt d. Since pet it ioner was not appoint ed and one Sri Anil Kum ar ( respondent no. 3 herein) was appoint ed as Managing Direct or, t herefore, t his w rit pet it ion was filed seek ing t he follow ing reliefs: t o “ i. I ssue a writ order or dir ect ion in t he cert iorari nat ur e t he t he Respondent No. 3 Appoint m ent s of appoint ed Appoint m ent Order No. 1580/ I ( 2) / 2021/ 05- 15/ 2021 dat ed 29.10.2021 ( Annexure- 1) as t her e ar e serious flaws in t he m anner in w hich t he appoint m ent of Respondent No.3 is m ade. ii. I ssue pass a wr it order or dir ect ion t he t he nat ur e of Mandam us direct ing respondent Nos. 1 & 2 t o appoint t he Managing Direct or of UPCL in accor dance wit h t he Rules and on t he basis of order of m erit of Select ion Com m it t ee Report . iii. I ssue a w rit order or dir ect ion in t he nat ure of Mandam us direct ing Respondent Nos. 1 & 2 t o produce befor e t his Hon'ble Court , r ecor ds relevant docum ent s and t he ent ir e select ion process pert aining t he t o including but not lim it ed t o t he r eport of t he Select ion Com m it t ee. nat ure of Mandam us iv. I ssue a writ order or dir ect ion in t he t he Respondent Nos. 1 & 2 t o declar e t he r esult of t he r em aining 05 Post s of Managing Direct or & Direct ors of PTCUL, UPCL & UJVNL advert ised for by t he Respondent Nos. 1 & 2 in accor dance wit h law and rules” direct ing I n para 11 of t he writ pet it ion, ( 3) pet it ioner cont ended t hat t he select ion com m it t ee recom m ended his nam e for as Managing Direct or, appoint m ent however St at e Govt . wrongly appoint ed respondent no. 3 as Managing Direct or. Learned St at e Counsel has ( 4) drawn at t ent ion of t his Court t o para 14 of t he count er affidavit dat ed 30.6.2022, filed by Sri Prakash Chandra Joshi, Deput y Secret ary, Energy Depart m ent , where it is st at ed t hat pet it ioner ’s nam e was never recom m ended for appoint m ent as Managing Direct or, UPCL. I t is furt her st at ed t hat t he select ion com m it t ee found t he accordingly, and, appoint m ent recom m ended t he nam e of respondent no. 3. respondent no. 3 suit able Learned St at e Counsel int erview, however ( 5) referring t o para 9 and 10 of t he said count er affidavit , subm it s t hat alt hough pet it ioner was also short list ed and called t he select ion respondent no. 3 com m it t ee suit able for appoint m ent as Managing Direct or and, accordingly, his nam e was recom m ended and t he recom m endat ion m ade by t he select ion com m it t ee was accept ed by t he St at e Govt . and he was appoint ed as Managing Direct or, UPCL. ( 6) Mr. D.S. Pat ni, learned Senior t hat Counsel appearing for respondent no. 2, subm it s respondent no. 3 was appoint ed init ially for a t erm of t hree years, vide order dat ed 29.10.2021, and upon expiry of t he said t erm , he was re- appoint ed v ide order dat ed 9.10.2024 for furt her t wo years. Thus he subm it s t hat upon expiry of t he init ial t erm , for which t he respondent no. 3 was appoint ed, relief as sought by t he pet it ioner do not survive. t aken specific st and Be t hat as it m ay, since St at e ( 7) Govt . has t hat pet it ioner was never recom m ended for appoint m ent as Managing Direct or, w e do not find any scope for int erference. Writ pet it ion t hus fails and is dism issed. ( Su b h ash Up a d h y ay , J.) ( M a n o j K u m ar Ti w a r i , J.) 1 5 .0 7 .2 0 2 5 Pr PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957B E53, cn=PRABODH KUMAR