High CourtsDivision Bench(2022) 11 UK CK 0047

Dilshad Ahmad vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 16 November 2022

HON’BLE JUDGES
Vipin Sanghi, CJ · Manoj Kumar Tiwari, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (SB) No. 603 Of 2022

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Judgment

7 paragraphs · 220 words

Vipin Sanghi, CJ

1.

The petitioner has preferred the present writ petition merely on an apprehension that departmental proceedings may be initiated against him in the light of the inter-departmental communication, which has been undertaken in that respect.

2.

As of now, no departmental proceedings have been undertaken in pursuance of the charge-sheet issued to the petitioner. The Chief Information Commissioner has passed an order imposing cost on the petitioner and one other officer for not providing information under the Right to Information Act to one Suresh Kumar Gupta. Due to the inaction to provide information, allegedly of the petitioner and another Officer, Mr. Suresh Kumar Gupta suffered a lot as the medical bills were not cleared in relation to treatment of his wife for throat cancer at Medanta Hospital, Gurugram.

3.

The petitioner paid the cost imposed under protest. Now the petitioner apprehends that departmental proceedings may be initiated against him.

4.

In our view, this petition is highly premature. Firstly, no departmental proceedings have been initiated in pursuance of the charge-sheet issued to the petitioner on 12.08.2017. Secondly, the petitioner would have his defenses available to him even if the departmental proceedings are carried forward against him.

5.

We are, therefore, not inclined to interfere with the present matter at this stage.

6.

The writ petition stands dismissed.