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2025 DAILYLAW 7513 (UTT)

MOHAMMAD YOUNUS v. STATE OF UTTARAKHAND

WPSS/1028/2025 · 2025-06-23

Ravindra Maithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS D/9 WPSS No.1028 of 2025 Hon’ble Ravindra Maithani, J. Mr. Sanjay Bhatt, Advocate for the petitioner. Mr. Narain Dutt, Standing Counsel for the State/respondent nos.1 to 3. It is the case of the petitioner that with regard to an incident of the year 2018-19, in a departmental proceeding, Censure Entry was given to the petitioner, which could have been enforced for five years since then. But now, in the Departmental Promotional Committee (“DPC”) conducted on 22.02.2025 and 28.05.2025, the candidature of the petitioner has not been considered for promotion. Learned counsel for the petitioner would submit that the Government Order provides that five years prior from the date of DPC, the record is to be examined and not beyond that. He would also submit that the Government Order has already been discussed and interpreted by the Hon’ble Allahabad High Court in Writ A No.1766 of 2023. He seeks the liberty to file a fresh representation to the respondent authority claiming the benefit of Government Order and as interpreted by the Hon’ble Allahabad High Court. He would also submit that his representation may be decided within a stipulated time. Learned State counsel would submit that the respondent authority would take a decision on the representation that may be filed by the petitioner within a period of four weeks. The Court takes on record the statement given by learned State Counsel. The petition is disposed of with the liberty to the petitioner to make a fresh representation to the respondent authority within a period of one week with further direction to the respondent authority to take a decision on it within a period of next four weeks. (Ravindra Maithani, J.) 23.06.2025 Sanjay SANJAY KANOJIA Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08bbd504686df4d1afc6 0f54a287831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD8EC450A84B515 A087CAEFD1B3179A7DEAE40699, cn=SANJAY KANOJIA Date: 2025.06.23 17:03:04 +05'30'