STATE OF UTTARAKHAND Vs. AJAY KUMAR

JUDGEMENT

(1.) State has challenged judgment dtd. 31/3/2021 passed by Uttarakhand Public Services Tribunal, Dehradun in claim petition no.46/DB/2020. By the said judgment, claim petition filed by respondent seeking promotion notionally with effect from 2/12/2011,i.e. the date when juniors to him were promoted as Senior Assistant was partly allowed and competent authority was directed to promote the respondent notionally from 21/9/2015. Paragraphs 10, 11 and 12 of the impugned judgment are reproduced below:-

(2.) Learned State Counsel appearing for the petitioner submits that respondent was appointed as Junior Assistant in Commercial Tax Department on 3/1/2006, and next promotional post available to him was Senior Assistant, however, before he could complete qualifying service necessary for promotion, punishment of censure and stoppage of one increment without cumulative effect was imposed upon respondent vide order dtd. 21/9/2010, for some misconduct, committed by him.

(3.) Learned State Counsel submits that respondent unsuccessfully challenged punishment order dtd. 21/9/2010 in departmental appeal, and thereafter, he filed claim petition before Uttarakhand Public Service Tribunal, challenging the punishment order and also the order passed by Appellate Authority. He further submits that the learned Tribunal dismissed his claim petition and thereafter he filed Writ Petition (S/B) No.387 of 2016, which was dismissed by the coordinate Bench of this Court vide judgment dtd. 12/7/2018.