CHANDRA SINGH GWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PETITIONER has approached this Court assailing the chargesheet dated 25.11.2014 (Annexure no.3 to the petition).

(2.) MR . Sharad Sharma, learned Senior Counsel, assisted by Mr. Vinay Kumar, Advocate for the petitioner, while taking us to the Uttarakhand State Educational (Administrative Cadre) Service Rules, 2013, has vehemently argued that the petitioner was appointed on the recommendation of the Selection Committee, by way of promotion, on the post of Director, Secondary Education on 11.01.2014 as per Rule 5 of the Rules; Appointing Authority for the post of Director, Secondary Education, is His Excellency the Governor of the State; according to Mr. Sharma, since the chargesheet was issued under the signature of Additional Chief Secretary, that too without concurrence of His Excellency the Governor of the State, who is the appointing authority/ disciplinary authority, therefore, the chargesheet is without jurisdiction.

(3.) THE next argument of Mr. Sharad Sharma, learned Senior Counsel for the petitioner is that few charges are of the period starting from 2004 till 2009, which are prior to the appointment of petitioner on the post of Director, Secondary Education, made by way of promotion. Therefore, it should be presumed that when the petitioner was being considered for promotion by the Selection Committee, there was nothing against the petitioner and at the fag end of his career, all the charges were dug out with an ulterior motive to harass the petitioner.