SUDHIR CHANDRA CHAUDHARY Vs. COMMISSIONER

JUDGEMENT

(1.) BY means of this writ petition, the Petitioner has challenged the order dated 18 -10 -2000, by which the Commissioner, Kumaon Division has reviewed the order dated 22 -9 -1999 passed prior to the re -organisation of the State. The Petitioner S.C. Chaudhary filed an appeal before the Commissioner, Kumaon Division claiming his promotion on the post of Office Superintendent. The Commissioner decided the appeal/representation holding Sri S.C. Chaudhary to be fully eligible and qualified to be promoted and Amrit Singh was not found eligible. This was the dispute for promotion between S.C. Chaudhary and Amrit Singh. In compliance of the Commissioner's order, the Chairman, Zila Parishad promoted Sri S.C. Chaudhary on the post of Office Superintendent and put him on probation for one year. Thereafter the Petitioner continued to work as Office Superintendent.

(2.) FEELING aggrieved by the promotion of the Petitioner, Smt. Heema Joshi filed a writ petition and the High Court while entertaining the writ petition passed the following order:

(3.) THEREAFTER on the direction of Assistant Director, Local Funds and Audits dated 22 -5 -1998, the Chairman, Zila Parishad, Nainital passed afresh order on 29 -8 -1998 reverting the Petitioner to the post of Accounts Clerk. A perusal of the order shows that this reversion was on account of some illegal payment made by the Petitioner. It was further provided in the order that the recovery order shall be issued separately.