LAWS(UTN)-2015-4-91

BHAGWATI PRASAD MADHWAL Vs. STATE OF UTTARAKHAND

Decided On April 30, 2015
Bhagwati Prasad Madhwal Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) PETITIONER has approached this Court feeling aggrieved by the manner in which his claim for the post of Director, Fisheries has been dealt with. Petitioner is presently working as a Deputy Director, Fisheries. The private respondent is working as a Joint Director. According to the petitioner, DPC has not recommended him for promotion only on the basis of the adverse entry against him. According to the petitioner, the entry was satisfactory. His complaint is that the said entry was not communicated to him. He applied under the Right to Information Act. According to him, he obtained it on 8th January, 2015. He immediately filed a representation to the next higher Authority, who was none other than the Minister -in -charge, Fisheries. Petitioner incidentally though is on a substantive appointment in the Department of the Fisheries, he was at that time working in the Fisheries Development Agency.

(2.) THE Minister acting on his representation replaced the entry 'satisfactory' with the entry 'excellent'.

(3.) THE writ petition is resisted by both the Government and the private respondent, who, in fact, in the meantime, has been recommended for promotion as Director by the DPC. This Court has granted an interim order in regard to the same.