SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB No. 164 of 2018 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. Mr. Shobhit Saharia, Advocate for the petitioner. 2. Mr. Ashish Joshi, Advocate for respondent nos. 1 & 2. 3. Petitioner was serving as Section Officer in Uttarakhand Public Service Commission at the time of filing of this writ petition. By means of this writ petition, he has sought the following reliefs:- “i) Issue a writ order or direction in the nature of certiorari quashing the recommendation made by the DPC convened on 5/6.4.2018 for promotion to the post of Under Secretary from the post of Section Officer in Uttarakhand Public Service Commission and the consequential promotion order dated 09.04.2018 (Annexure No. 12) whereby the private respondent has been promoted to the post of Under Secretary An Court of Uttarakhand ii) Issue a writ, order or direction in the nature of certiorari quashing the office memorandum dated 09.4.2018 (Annexure No. 11), whereby after due convening of DPC and acting upon its recommendation, the petitioner has been communicated the rejection of his candidature for being promoted to the post of Under Secretary by the DPC by taking into consideration uncommunicated ACR entries. ⅲ) Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to re-convene the DPC for the promotion to the post of Under Secretary and further to consider the case of the petitioner for being promoted to the post of Under Secretary atleast on the basis of ACR entries granted by the reporting officer and that the downgradation by the accepting authority by orders dated 13.05.2015, 09.07.2015 and 11.08.2014 shall not be taken into consideration, as the same remained un-communicated till the holding of the DPC on 05.04.2018.” 4. Mr. Ashish Joshi, learned counsel for Uttarakhand Public Service Commission submits that pursuant to the recommendation impugned in the writ petition, respondent no. 3 was promoted as Under Secretary in the year 2018. He submits that petitioner was not recommended for promotion, as there was adverse entries in his ACRs for relevant five years and his ACRs were also not complete. He further submits that reason for not recommending petitioner for promotion was disclosed in the order dated 09.04.2018 passed by Secretary of the Commission. 5. Since petitioner’s ACRs were not complete and there was an adverse entry recorded against him during the relevant period, therefore, we do not find any reason to interfere in the matter. 6. Learned counsel for petitioner then submits that petitioner was also promoted during pendency of the writ petition, therefore, he may be permitted to make representation to the competent authority, for ventilation of his other grievances. 7. We, accordingly, dispose of the writ petition with liberty to petitioner to make representation to the Competent Authority. If he makes representation within two weeks from today, decision thereupon shall be taken, independently, uninfluenced by observations made in this order within four months. (Subhash Upadhyay, .J.) (Manoj Kumar Tiwari, .J.) 11.06.2025 Navin