IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL WRTI PETITION NO. 784 (SS) OF 2001 Shri Jamuna Dutt Pant, S/o late Dharmanand Pant, R/o at Present posted at Patwari Lati Tehsil, Kapkot, Distrct-Bageshwar. ……..Petitioner. Versus 1. Commissioner Kumaon Mandal Nainital. 2. District Magistrate, Bageshwar. ………….Respondents. Dated: 23.08.2006 Hon’ble Rajesh Tandon, J. Heard Sri M.C. Kandpal, Sr. Advocate, assisted by Sri S.S. Chaudhary, Advocate for the petitioner and Standing Counsel for the respondents. 2. By the present writ petition the petitioner has prayed for a writ of certiorari quashing the order dated 16.11.2000 passed by the District Magistrate, Bageshwar. 3. Briefly stated, according to the petitioner, he joined service of Patwari at Patiyasen, Tehsil Kapkot, District- Bageshwar on 1st April, 1979 on the basis of transfer in June, 1994 at Kanyali Kot Tehsil-Kapkot, District-Bageshwar and remained their up to 03.09.2000 and thereafter, he was transferred as Patwari, Tehsil-Kapkot, District Bageshwar. 2 4. On 14.08.2000 a dacoity took place at Harsila Bank District-Bageshwar and due to this fact, the District Magistrate issued a notice, which was received by the petitioner on 25.08.2000 in which the charge of the irregularities were framed against the petitioner. 5. Pursuant to aforesaid, the District Magistrate passed an order on 16.11.2000 and an adverse entry in the service book of the petitioner was made stopping one increment in the salary. 6. The petitioner has challenged the said order by filing appeal before the Commissioner and the Commissioner has partly allowed the appeal by quashing the order of the District Magistrate dated 16.11.2000 so far as the increment is concerned. However, so far as the adverse entry is concerned, the same is continuing. 7. The grievance of the petitioner is that the promotional avenue shall be stopped against the petitioner. Since the order of the Commissioner specifically provides that without issuing notice, no increment can be stopped and as such the increment part has already been quashed and it will not come in the way of the petitioner while making any promotion in accordance with the rules. 8. Subject to aforesaid, writ petition is dismissed. No order as to costs. (Rajesh Tandon, J.) 23.08.2006 Rathour