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2021 Supreme(Gau) 229

SUDHANSHU DHULIA, ACHINTYA MALLA BUJOR BARUA
Union Public Service Commission (upsc) – Appellant
Versus
Brahmananda Patir – Respondent


Advocates Appeared:
R. Borah, Advocate, N. Nath, Advocate, K. Gogoi, Advocate, T.C. Chutia, Advocate

JUDGMENT

Sudhanshu Dhulia, C.J. - Heard Mrs. R. Borah, learned counsel for the petitioner. Also heard Mr. N. Nath, learned counsel appearing for the respondent No.1, Mr. K. Gogoi, learned Central Government counsel, appearing for the respondent No.2 and Mr. T.C. Chutia, learned Additional Senior Government Advocate, Assam, appearing for the respondent No.3

2. This writ petition is filed by the Union Public Service Commission (UPSC) challenging the order dated 28.11.2019 passed by the Central Administrative Tribunal, Guwahati Bench, Guwahati in O.A. No.040/00152/2018, which was moved by the private respondent No.1. The case of the private respondent No.1, who is a Forest Officer in State Forest Service is that the Selection Committee was wrong in not recommending his name for promotion to the Indian Forest Services, i.e. IFS Cadre. The selection pertains to the year 2015. Since it is a promotion relating to an All India Service, the promotion exercise has to be done by the Public Service Commission, where a Selection Committee is appointed in terms of Regulation 3 of the Indian Forest Service (Appointment by Promotion) Regulations, 1966 (for short "1966 Regulations"). Regulation 3 to

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