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2021 Supreme(UK) 517

RAVINDRA MAITHANI
Jitendra Kumar – Appellant
Versus
State Of Uttarakhand – Respondent


Advocates Appeared:
Mr. Vipul Sharma, Advocate, for the Appellant; Mr. Anil K. Bisht, Additional C.S.C. with Mr. Sushil Vashistha, for the Respondent.;

JUDGMENT

Ravindra Maithani, J. (oral). - Petitioner seeks the following relief:-

    "(a) Issue a writ, order or directions in the nature of mandamus directing the respondents to consider the candidature of the petitioner for participating in the departmental exercise for promotion on the post of Sub-Inspector (Civil Police/Intelligence) pursuant to the advertisement dated 22.01.2021 issued by the Police Headquarters, Uttarakhand."

    2. Heard learned counsel for the parties and perused the record.

    3. Petitioner is a Head Constable in Civil Police. He intends to participate in the departmental promotional examination to be held on 21.02.2021.

    4. It is the case of the petitioner that on 05.08.2015, he was awarded a punishment of censure entry. In the year 2015, when the petitioner appeared in the departmental promotional examination, four points were deducted from his service record for the two adverse entries, which the petitioner had acquired between the years 2008 and 2014. For the present examination, it is submitted that the candidature of the petitioner has been rejected because of the adverse entry which was awarded to him on 05.08.2015.

    5. At the very outset, the Court wanted to know fro

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