High CourtsSingle Bench(2021) 02 UK CK 0072

URS Scott Wilson India Private Limited vs Public Works Department

Uttarakhand High Court · Decided on 24 February 2021

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (M/S) No. 2800 Of 2016

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Judgment

10 paragraphs · 178 words

Manoj Kumar Tiwari, J

1.

Petitioner is a consultant, who was engaged for rendering consultancy service by State Public Works Department.

2.

In the present writ petition, petitioner has challenged a communication issued to him by Project Director/Chief Engineer, USRIP, Project

Management Unit, ADB Projects, on 22.09.2016.

3.

A bare perusal of the aforesaid communication indicates that no order, prejudicial to the interest of the petitioner, has been passed as yet, and the

Project Director has merely expressed that the employer reserves his right to take appropriate action against the petitioner.

4.

In para 18 of the counter affidavit, it has been stated that the writ petition is premature. This Court is also of the considered opinion that, in the

absence of any order entailing civil and evil consequences, there is no cause of action available to the petitioner to maintain this writ petition.

5.

Accordingly, writ petition is dismissed. However, dismissal of this writ petition will not preclude the petitioner from approaching this Court as and

when cause of action arises. Stay order dated 7.10.2016 stands vacated.