Hon'ble Dr. Satish Chandra,J.
Shri G.K. Dwivedi has accepted notice on behalf of respondent no. 1.
The State is aggrieved by an order passed by U.P. Public Services Tribunal dated 25.6.2009 directing the State respondents to ignore Annexures No. A6, A-10 and A-11, (the punishment, appellate and revisional orders) in considering the petitioner for promotion to the post of Jailer.
It is contended by learned Standing Counsel that so long the punishment order is not set aside, the Departmental Promotion Committee could not be directed to ignore the orders. The Tribunal could have at best stayed the operation of orders, impugned before it. He informs that so far no dates have been fixed for holding the Departmental Promotion Committee.
Prima facie, we find that the order of the Tribunal with an opinion formed on the merits of the matter amounts to deciding the case. The Tribunal has exceeded in its jurisdiction to direct the Departmental Promotion Committee to ignore the orders of punishment, which are available on record.
Let a counter affidavit be filed within four weeks. List immediately after two months.
As an interim measure, we stay the operation of the order of the Tribunal dated 25.6.2009 with a request to the Tribunal to decide the matter, in which the pleadings, are stated to have been exchanged finally as expeditiously as possible and preferably within a period of two months.
Order Date :- 5.1.2010 RKP