PRADEEP KUMAR JAIN Vs. STATE OF U P

JUDGEMENT

(1.) PRAFULLA C. Pant, J. Substantially a common question of law involved in all these four writ petitions and, therefore, the same are being taken up together, for disposal.

(2.) HEARD learned Counsel for the parties and perused the record.

(3.) THE writ petitions are contested by the State and the Director, Animal Husbandry and it has been stated in their counter-affidavit that though petitioner Sri Pradeep Kumar Jain was appointed as Junior Clerk in the year 1989, but promotion given to him to the post of Store Supervisor, by Dr. S. N. Arya, the then Additional Director (Uttarakhand) is illegal, as the same is in violation of rules and powers. It is further stated that the said petitioner was neither qualified for the post of Store Supervisor nor was he selected through the Commission. THE said petitioner, in fact continued to discharge functions of Store Supervisor under interim orders of this Court. As against this, respondent Suresh Chandra Bajpai, a directly recruited official, selected by the competent Commission, in his supplementary counter-affidavit [filed in Writ Petition No. 503 (S/s) of 2001] has stated that the promotion of the petitioner Pradeep Kumar Jain was made in violation of U. P. Animal Husbandry Marketing Service Rules, 1993. THE impugned order was passed after enquiry in to the irregular/illegal appointments and promotions made by Dr. Arya, the then Additional Director. THE said officer was given charge-sheet for his misconduct and after enquiry he was found guilty of the charge.