BRIJESH KUMAR GUPTA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Sanjay Bhatt, learned counsel holding brief of P.P. Bhatt, learned counsel for the petitioner, Mr. Anil Bisht, learned Standing Counsel for the State of Uttarakhand-respondent Nos.1,2 & 4 and Mr. Alok Mahra, learned counsel appearing for the third respondent.

(2.) The jurisdiction of this Court has been invoked by way of this writ petition seeking a writ of certiorari to quash the decision of the Departmental Promotion Committee dated 14.08.2015, whereby the petitioner was declared unfit for promotion to the next higher post of Superintending Engineer, and in recommending the name of the third respondent, who is junior to him, for promotion; and a writ of mandamus commanding respondent Nos.1 and 2 to first decide the pending representations submitted by the petitioner under Rule 14 of the Uttarakhand Government Servants (Discipline and Appeal) Rules, 2003 and, consequently,hold a departmental promotion committee afresh considering the claim of the petitioner, as well as constitute a review DPC accordingly.

(3.) Facts, to the limited extent necessary, are that the petitioner was initially appointed as an Assistant Engineer pursuant to the selection process undertaken by the Uttarakhand Public Service Commission, and was thereafter promoted as an Executive Engineer on 04.01.2006. He continues in the said post till date.