STATE OF U P Vs. K M DIXIT

JUDGEMENT

(1.) This petition has been filed by the State challenging the order passed by the U.P. Public Services Tribunal dated 20.2.88, which allows the claim petition preferred by the private respondent, Dr. K. M. Dixit. The respondent had filed the claim petition claiming relief of promotion on the post of Deputy Chief Medical Officer from the date on which doctor junior to him was promoted with all consequential benefits of salary, allowances and seniority etc.

(2.) Learned counsel for the State Sri Rakesh Nigam, while challenging the order passed by the Tribunal, submits that the respondent has obtained the order from the Tribunal by committing fraud upon the Court and by concealing the facts which were well within his knowledge. The respondent knew that disciplinary proceedings were pending against him right from the year 1976 and which proceedings were challenged by him in a writ petition filed in this Court bearing writ petition no. 8128 of 1987, wherein no interim order of stay was passed. The respondent also knew that his case was considered for promotion and the result of the selection was kept in sealed cover. Despite the aforesaid admitted factual position, he approached the Tribunal claiming relief of promotion from a back date on the ground that though at the time of promotion, adverse entry was existing in his favour against which he filed representation, which remained undecided but later on a petition being filed by him, adverse part of the entry was expunged and, therefore, he should be given promotion from the date his junior was promoted.

(3.) The Tribunal, relying upon the aforesaid averments, which apparently remain uncontroverted, as the State could not file written statement within time, decreed the claim of the respondent.