M. R. SHAH, B. V. NAGARATHNA
State of Uttarakhand – Appellant
Versus
Mayan Pal Singh Verma – Respondent
JUDGMENT :
M.R. Shah, J.
1. Feeling aggrieved and dissatisfied with the impugned order passed by the Division Bench of the High Court of Uttarakhand at Nainital in WPSB No. 9/2022, by which the High Court has disposed of the said writ petition without deciding the writ petition on merits and has directed the Department to comply with the order passed by the Tribunal which was under challenge before it, the State has preferred the present appeal.
2. Feeling aggrieved with the order passed by the Uttarakhand Public Service Tribunal, Dehradun (for short “Tribunal”) in Claim Petition No.104/DB/2009, by which the Tribunal directed the Department to ignore the uncommunicated “Uttam” entries in the ACRs while considering the case of the original applicant – private respondent herein for his promotion to the post of the Chief Engineer Level-2 by the reviewed ACP, the State of Uttarakhand had preferred the writ petition before the High Court. By the impugned order, the Division Bench of the High Court has disposed of the said writ petition without deciding the writ petition on merits and without expressing anything on the legality and validity of the order passed by the Tribunal and has direct
Union Public Service Commission Vs. Bibhu Prasad Sarangi and Ors.
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The duty of the High Court to apply its mind to the sustainability of the judgment of the Tribunal on facts and law, and the requirement for expeditious disposal of proceedings.
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