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Judgment
Manoj Kumar Tiwari, J
By means of this Writ Petition, petitioner has challenged the order dated 27.07.2021 passed by Uttarakhand Public Services Tribunal, whereby petitioner's interim relief application filed along with Claim Petition No. 44/NB/SB/2021, has been rejected.
It transpires that punishment of Censure was imposed upon the petitioner. He unsuccessfully challenged the punishment order before the Departmental Authorities and, ultimately, he filed a Claim Petition challenging the said punishment order.
According to the petitioner, in view of pendency of promotion exercise, petitioner had prayed for stay of punishment order by filing an application before the Tribunal. The said application has been rejected by learned Tribunal.
Learned counsel for the petitioner submits that, if all the vacancies on the post of Head Constables are supplied due to the on-going promotion exercise, then no vacancy would be left for the petitioner to be promoted.
This Court is not inclined to interfere with the order passed by learned Tribunal. The punishment order passed by Competent Authority, if stayed, would amount to grant of final relief without deciding the Claim Petition. The apprehension of the petitioner that no vacancy would be left for him, if promotion exercise goes unabated, is bereft of merit. It is settled position in law that in such cases sealed cover procedure has to be adopted and case of every eligible employee, even those who are facing disciplinary proceedings, has to be considered and his result has to be kept in a sealed cover.
Since the punishment order passed against the petitioner has not attained finality as yet and the same is subject matter of challenge before learned Tribunal, therefore, we have no reason to believe that sealed cover procedure would not be applied in respect of the petitioner.
In such view of the matter, the Writ Petition is dismissed.