VIBHOR v. STATE OF UTTARAKHAND
Court: High Court of Uttarakhand
Bench: HON'BLE MR. JUSTICE RAVI MALIMATH,HON'BLE MR. JUSTICE ALOK KUMAR VERMA
Judgment date:
Case summary
High Court of Uttarakhand judgment dated 2020-12-24. VIBHOR v. STATE OF UTTARAKHAND. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 326 of 2020 Vibhor ... Appellant Vs. State of Uttarakhand and others …Respondents Shri Shashank Pandey, learned counsel for the appellant. Shri S. S. Chaudhary, learned brief holder for the State of Uttarakhand/respondent nos. 1 to 3. th 24 December, 2020 Coram: Hon’ble Ravi Malimath, A. C. J. Hon’ble Alok Kumar Verma, J. Ravi Malimath, A. C. J. (Oral) Aggrieved by the order dated 28. 11. 2020, passed by the learned Single Judge in Writ Petition No. 1539 of 2020 (S/S) in declining to grant any interim relief, the petitioner is in appeal. 2. The plea of the petitioner is that the respondents have passed an order imposing monetary penalty on the appellant, along with his direction to respondent no. 3 to terminate his services. Hence, the instant petition has been filed. 3. Therefore, it is imminent that the interim order be granted.
However, on hearing the learned counsels, we are of the considered view that the learned Single Judge who heard the matter and issued notices to the respondents and came to the view that there is no good ground to grant interim relief at that stage. Hence, the application was dismissed. Questioning the same, instant appeal is filed. 4. On hearing the learned counsels, we do not find any merit in this appeal. Firstly, it is the fact that it is the discretionary order passed by the learned Single Judge. We find no error in the discretion exercised by the learned Single Judge in declining to grant the relief. Secondly, the subject matter would indicate that these are all matters that require material to be produced before the Court in order to support the contentions of the petitioner. Therefore, the learned Single Judge was justified in rejecting the plea for interim relief. Hence, we find no good ground to interfere with the same. 5. Accordingly, the appeal is dismissed.
(Alok Kumar Verma, J. ) (Ravi Malimath) A. C. J. S. K. / PP
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