Appeal before Governor has no statutory backing : Himachal HC
Shimla, May 13
Himachal Pradesh High Court has observed that an appeal filed before the Governor by a university employee against disciplinary action did not have any statutory backing under the service rules governing employees of the respondent university.
The observation came during the hearing of a petition filed by Baldev Bhardwaj in connection with disciplinary proceedings initiated against him by the university authorities.
The matter was heard by Justice Ajay Mohan Goel in Civil Writ Petition No. 7220 of 2026 on May 11.
During the proceedings, the court examined the sequence of appeals filed by the petitioner after disciplinary action was taken against him.
According to the court record, the disciplinary authority had passed an order on March 17, 2023, withholding two future increments of the petitioner with cumulative effect.
The statutory appeal preferred by the petitioner against this order was dismissed by the appellate authority on July 14, 2023.
The petitioner later approached the Governor by filing another appeal on January 29, 2025. However, while examining the matter, the High Court noted that such an appeal was not contemplated under the statutes governing service conditions, disciplinary proceedings and appellate remedies applicable to employees of the respondent university.
The court observed that the appeal before the Governor lacked statutory sanction and therefore could not extend or justify the delay in challenging the disciplinary and appellate orders before the High Court.
Justice Goel further remarked that the writ petition, filed in March 2026, appeared prima facie to be barred by delay and laches as the challenge essentially related to orders passed in 2023.
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Counsel for the petitioner sought additional time to assist the court on the issue. The High Court has listed the matter for further hearing on May 13, 2026.
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