IN THE HIGH COURT OF UTTARAKAND AT NAINITAL WRIT PETITION (S/S) No. 322 of 2003 Digpal Singh Rana ……. Petitioner. Versus Union of India and others …. Respondents. Mr. Ravindra Singh Bist, Advocate for the petitioner. Mr. Vikas Pande, Standing Counsel for the respondents. (Hon’ble B.S. Verma, J.) Heard Mr. Ravindra Singh Bisht, Advocate for the petitioner and Mr. Vikas Pande, learned Standing Counsel on behalf of the respondents and perused the record. By means of this petition, the petitioner has sought the writ in the nature of certiorari quashing the enquiry order dated 30-4-2003, passed by respondent No.3, contained as Annexure No.3 to the writ petition. The grievance of the petitioner is that the impugned order passed by the respondent No.3 is wholly illegal and arbitrary, as before passing the order of punishment no discipliancey proceedings were held nor the petitioner was ever called by the respondent No.3 before passing the order of punishment. In paragraph-2 of the supplementary affidavit, it has averred that during the pendency of the writ petition, recovery against one Bachan Singh Negi, who is similarly situated employee to the petitioner, has been withdrawn by the department, hence the petitioner is also entitled for withdrawal of penalty imposed against him vide impugned order. I have perused the order S.C.A-I passed by Sri Harinder Singh, Member (Personnel), Postal Services 2 Board, in respect one Bachan Singh Negi, Mail Overseer. Vide this order the punishment of recovery of Rs. 5,600/- was reduced to ‘censure’ penalty. Learned counsel for the petitioner also submitted that one Hukum Singh Rana, who was a similarly situated employee, has also filed Writ Petition Service No. 326 of 2003 before this court and the said writ petition has been disposed of by this court vide order dated 30-7-2008, with the direction that if the petitioner is similary situated to Bachan Singh Negi, the similar order shall be passed, if he is not found guilty otherwise. Therefore, in the above facts and circumstances of the case, the writ petition is disposed of with the direction to the respondents that if the petitioner is similarly situated to Bachan Singh Negi, the similar order shall be passed, if he is not found guilty otherwise. Dated: 1-9-2010 (B.S. Verma, J.) ISB 3