Advocates:
['CHARANJEET KAUR', '', 'PRASANNA KARNATAK', 'C S C']

IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

SRI JUSTICE VIPIN SANGHI, C.J.

AND

SRI JUSTICE R.C. KHULBE, J.

14^th JULY, 2022

WRIT PETITION (S/B) No. 201 OF 2018

Between:

Suresh Chandra

…….Petitioner

and

State of Uttarakhand and another. .…Respondents

Counsel for the petitioner

:

Mr. A.S. Rawat, learned Senior Counsel

assisted

by

Ms.

Charanjeet

Kaur,

learned counsel.

Counsel for the respondents

:

Mr. S.S. Chauhan, learned Deputy

Advocate General for the State of

Uttarakhand.

Upon hearing the learned Counsel, the Court made the

following

JUDGMENT : (per Sri Vipin Sanghi, C.J.)

The petitioner has preferred the present writ

petition to assail G.O. No. 323 / II-2017-02(7)/2011 dated

16.04.2018, issued by the Principal Secretary, Minor

Irrigation Department, and the letter dated 05.05.2018

bearing No. 239/Min.Irri./Recovery-30/2018-19, issued by

the Chief Engineer / Head of Department, Minor Irrigation

Department, Uttarakhand.

2.

The order dated 16.04.2018, issued by the

Principal Secretary, Minor Irrigation Department, imposed a

penalty of recovery of fifty percent of the finan