STATE OF UTTARAKHAND Vs. MAYAN PAL SINGH VERMA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned order passed by the Division Bench of the High Court of Uttarakhand at Nainital in WPSB No. 9/2022, by which the High Court has disposed of the said writ petition without deciding the writ petition on merits and has directed the Department to comply with the order passed by the Tribunal which was under challenge before it, the State has preferred the present appeal.

(2.) Feeling aggrieved with the order passed by the Uttarakhand Public Service Tribunal, Dehradun (for short "Tribunal") in Claim Petition No.104/DB/2009, by which the Tribunal directed the Department to ignore the uncommunicated "Uttam" entries in the ACRs while considering the case of the original applicant - private respondent herein for his promotion to the post of the Chief Engineer Level-­2 by the reviewed ACP, the State of Uttarakhand had preferred the writ petition before the High Court. By the impugned order, the Division Bench of the High Court has disposed of the said writ petition without deciding the writ petition on merits and without expressing anything on the legality and validity of the order passed by the Tribunal and has directed the State to comply with the order passed by the Tribunal by observing that though Tribunal had passed an order on 15/9/2021, no review ACP has been constituted. There is no discussion at all by the High Court on the merits of the order passed by the Tribunal, which was under challenge before it. The impugned order reads as under: -­

(3.) Applying the law laid by this Court in the aforesaid decisions to the facts of the case on hand and the manner in which the High Court has disposed of the writ petition, in the interest of sobriety, we may only note that the order is bereft of reasoning as diverse grounds were urged/raised by the parties which ought to have been examined by the High Court in the first place and a clear finding was required to be recorded upon analysing the relevant documents.