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2021 Supreme(SC) 348

D.Y.CHANDRACHUD, M.R.SHAH
Union Public Service Commission – Appellant
Versus
Bibhu Prasad Sarangi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mrs. Lalita Kaushik.
For the Respondents: Mr. Shubhranshu Padhi, Mr. Ashish Yadav, Mr. Rakshit Jain, Mr. Vishal Banshal.

JUDGMENT :

DHANANJAYA Y. CHANDRACHUD, J.

1. Delay condoned.

2. Leave granted.

3. This appeal arises from a judgment and order of a Division Bench of the High Court of Orissa dated 21 November 2019.

4. The appellant moved before the High Court in proceedings under Article 226 of the Constitution for challenging an order of the Central Administrative Tribunal, Cuttack Bench [“Tribunal”] dated 13 March 2019. The Tribunal had directed the appellant to reconsider the case of the first respondent for promotion to the IAS in accordance with the vacancies for 2015 by reconvening a meeting of the Selection Committee and thereafter, to reconsider the first respondent similarly for 2016 and 2017 if the first respondent was found unsuitable for promotion in the year 2015. Consequential benefits were directed to be released in the event that the Review Selection Committee found the first respondent suitable.

5. For the purpose of the present appeal, it is not necessary for the Court to consider the facts of the case in detail in view of what we indicate hereafter. In paragraph 4 of its judgment dated 21 November 2019, the High Court extracted portions of the judgment of the Tribunal. Thereafter, the

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