Uttarakhand High Court
WPSS/1319/2023 on 28 July, 2023
Author: Pankaj Purohit
Bench: Pankaj Purohit
Office Notes,
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Date COURT'S OR JUDGES'S ORDERS
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WPSS No.1319 of 2023
Hon'ble Pankaj Purohit, J.
Mr. Nandan Arya, learned counsel for the petitioner.
2. Mr. P.C. Bisht, learned Additional Chief Standing Counsel for the State.
3. By means of this writ petition, the petitioner has sought a direction to send the petitioner for training in the 17th Batch of Training of Revenue Inspector/Kanoongo.
4. Learned counsel for the petitioner submitted that the petitioner is posted as Revenue Sub-Inspector, Tehsil Garur, Patwari Circle Gagarigole, District Bageshwar and his name has not been sent for the training in 17th Batch of Training of Revenue Inspector/Kanoongo. Feeling aggrieved by the aforesaid reasons, he has filed this writ petition before this Court.
5. Learned counsel for the State has submitted that vide order dated 01.04.2023, the Revenue Commissioner/Secretary of Board of Revenue has written a letter to Commissioners and all the District Magistrates to sent for the character roll entries of the last five years of the Revenue Sub-Inspector (Patwari/Lekhpal) in order to consider them for sending for training in the 17th Batch of training of Revenue Inspector/Kanoongo.
6. Pursuant to the aforesaid letter, the District Magistrate, Bageshwar, vide its letter dated 20.10.2022 has sent the eligibility list of Revenue, Sub-Inspector (Patwari) in the order of seniority, for the purpose of sending them for the aforesaid training to Commissioner, Kumaon Division. The name of the petitioner is at serial no. 16 of the eligibility list, but by the forwarding letter, it has been mentioned that the name of the petitioner was passed over for the reason that a departmental proceeding is going on against him, in pursuance of the letter No. 05/lkr-
Hkw0ys[k 2022-23 dated 10.10.2022 and consequently, in the final list for the training of the Revenue Inspector/Kanoongo, name of the petitioner is missing.
7. Attention of this Court was drawn by the learned counsel for the parties to the Rule 19 2(d) of U.P. Subordinate Revenue Executive (Bhulekh Nirikshaks Hill Pattis of Kumaon and Garhwal Division) Service Rules, 1983, wherein for withholding name of the persons, the competent authority is required to assign reason but here the reasons have been explicitly assigned by the competent authority while withholding or passing over the name of the petitioner.
8. Be that as it may. The reasons assigned is only a pendency of a disciplinary proceedings against the petitioner and at this stage, it cannot be said that he is found guilty of the mis-conduct alleged against him.
9. In this view of the matter having heard learned counsel for the parties, this Court finds that the petitioner is entitled to be sent for the training of the 17th Batch of Revenue Inspector/Kanoongo, which is scheduled to be held w.e.f., 01.08.2023. The candidature of the petitioner would be provisional subject to final outcome of the writ petition.
10. Learned counsel for the State prays for and is granted six weeks' time for filing counter affidavit.
11. Two weeks thereafter is granted to the learned counsel for the petitioner for filing the rejoinder affidavit.
12. List this case on 04.10.2023.
13. Let certified copy of this order be supplied, to learned counsel for the parties, today itself, on payment of usual charges.
(Pankaj Purohit, J.) 28.07.2023 SK