AI Structured Summary
Not yet generated for this judgment
Judgment
Despite service of notice, none appears for the Respondent.
It is seen that the impugned order dated 23rd August 2021 of the learned Single Judge was passed on the very first date of hearing without an opportunity to the present Appellants to even file a reply to the writ petition and proceeded to dispose of the writ petition on merits stating that despite pendency of the vigilance proceeding, promotion should be granted to the Respondent to the rank of Section Officer and that too retrospectively from the date his juniors got such promotion i.e. 30th May, 2020.
The Court is of the considered view that in matters of this kind, an opportunity ought to have been given to the Appellant against whom the order has been passed to explain its stand by way of a counter affidavit.
For the aforementioned reasons, the impugned order is set aside and W,P.(C) No.24722 of 2021 is restored to the file of the learned Single Judge in the roster Bench. It shall be listed there on 2nd February, 2022 for directions. The present Appellant shall file a para wise reply to the petition on or before 24th January 2022 with an advance copy to the writ Petitioner i.e. the Respondent herein through his counsel, who may file rejoinder thereto, if he so chooses, by 2nd February, 2022. The learned Single Judge is requested to proceed with the writ petition on merits and endeavour to dispose it of within a period of six months thereafter.
The writ appeal is disposed of in the above terms.
An urgent certified copy of this order be issued as per rules.
.............................