Court No. - 4 Case :- SERVICE BENCH No. - 2072 of 2009 Petitioner :- State Of U.P. Thru Pramukh Sachiv Grih Gopan & Karagar & Anr Respondent :- Bhola Nath Mishra S/O Rama Kant Mishra & Anr. Petitioner Counsel :- Standing Counsel Respondent Counsel :- C.S.C.,G.K. Dwivedi Hon'ble Sunil Ambwani,J.
Hon’ble Dr. Satish Chandra,J.
Shri G.K. Dwivedi has accepted notice on behalf of respondent
no. 1.
The State is aggrieved by an order passed by U.P. Public Services
Tribunal dated 25.6.2009 directing the State respondents to
ignore Annexures No. A6, A-10 and A-11, (the punishment,
appellate and revisional orders) in considering the petitioner for
promotion to the post of Jailer.
It is contended by learned Standing Counsel that so long the
punishment order is not set aside, the Departmental Promotion
Committee could not be directed to ignore the orders. The Tribunal
could have at best stayed the operation of orders, impugned before
it. He informs that so far no dates have been fixed for holding the
Departmental Promotion Committee.
Prima facie, we find that the order of the Tribunal with an opinion
formed on the merits of the matter amounts to deciding the case.
The Tribunal has exceeded in its jurisdiction to direct the
Departmental Promotion Committee to ignore the orders of
punishment, which are available on record.
Let a counter affidavit be filed within four weeks. List
immediately after two months.
As an interim measure, we stay the operation of the order of the
Tribunal dated 25.6.2009 with a request to the Tribunal to decide
the matter, in which the pleadings, are stated to have been
exchanged finally as expeditiously as possible and preferably
within a period of two months.
Order Date :- 5.1.2010
RKP