Court No.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No.343 of 2003 Vinay Bhardwaj ………. Petitioner Versus The District Judge, Dehradun and another. ……… Respondents ……………….. Sri Anil Dabral, learned counsel for the petitioner. Sri H.M.Raturi, learned Standing Counsel for the respondent No.1. Sri Rajendra Dobhal, learned counsel for the respondent 2. Date: Aug. 11,2008. Hon’ble P.C.Verma,J. This writ petition has been filed by the petitioner challenging the order dated 04.09.2000 passed by the Disciplinary Authority/District Judge, Dehradun, contained in Annexure No.11 to the writ petition, whereby the petitioner has been dismissed from service. 2. The petitioner was working as Assistant Record Keeper (Criminal Records) in Civil Court, Dehradun. In the night between 07.12.1999/08.12.1999 fire broke out in the Record Room of Civil Court, Dehradun in which record of 800 files were burnt. Sri Darshan Lal and Sanjay, officials of the Civil Court, Dehradun reported about the incident to Additional District Judge and Incharge Nazarat of the District Court, Dehradun. On his information the fire-brigade reached at the spot and then the fire could extinguish. On this report, the Additional District Judge reported the matter 2 to the District Judge. The District Judge ordered for preliminary inquiry. In the preliminary inquiry Sri Prem Ratan Kashyap (Record Keeper, Civil), Sri Vinay Bhardwaj (petitioner) and Sri Ajay Veer Singh, Head Copyist were prima facie found responsible of broking of fire as they used to stay in the evening till late night and used to drink alcohol. Presence of one unknown lady was also noticed. Accordingly, the report was submitted to the District Judge and the delinquent officials were charged. 3. I have heard Sri Anil Dabral, learned counsel for the petitioner and Sri H.M. Raturi, learned Standing Counsel as well as Sri Rajendra Dobhal Advocate for the respondents. 4. The Inquiry Officer as well as the Punishing Authority i.e. District Judge found Sri Vinay Bhardwaj (petitioner) and Sri Prem Ratan Kashyap equally responsible for the incident of fire in the night between 07.12.1999/ 08.12.1999, which took place on account of their negligence and gravest act of misconduct and their staying late in the evening in the Record Room. The District Judge came into conclusion that Prem Ratan Kashyap and Vinay Bhardwaj (petitioner) deserve suitable punishment for their negligence and gravest act, which ultimately resulted fire, broke out in one portion of the Record Room burning huge bulk of files of record to ashes. 5. By the impugned order dated 04.09.2000 the petitioner and Sri Prem Ratan Kashyap were dismissed from service by the Disciplinary Authority for the similar charges levelled against them. The Writ Petition (S/B) 3 No.82 of 2003 filed by Prem Ratan Kashyap was dismissed by this Court on 24th September, 2003 and special appeal filed by Sri Prem Ratan Kashyap against the said order, bearing Civil Special Appeal (Lodging No.33 of 2003) has also been dismissed by the Division Bench of this Court on 1st December, 2003 holding that all rules of natural justice have been complied with in this case. 6. The charges levelled against the petitioner are identical to the charges levelled against Sri Prem Ratan Kashyap and the findings recorded against the delinquent Prem Ratan Kashyap are too alike. The order of dismissal of Prem Ratan Kashyap has already been upheld in writ petition by this Court against which special appeal has also been dismissed. I am not inclined to interfere with the dismissal order of the petitioner impugned in this petition. 7. The writ petition lacks merit and is dismissed accordingly. No order as to costs. (P.C.Verma,J.) 11.08.2008 P.Singh