It pertains to a service matter in which a person promoted in the year 2001-02 to Group A post (the ultimated in the line of promotion) after his name was cleared by the DPC was arbitrarily reverted to his previous post after 7 years by an order of the Minister incharge without any chargesheet, showcause notice or explanation etc. During the period of promotion the record of the officer remained excellent. Further the Minister promoted his junior on that post without any DPC.
The story starts with his challenging the order in the High Court through a writ petiton. Strangely enough the DB verbally expressed on almost all the hearings that the order is arbitrary, but did not grant stay despite the fact that the same was repeated prayed for. After a prolonged litigation in which repeated adjournments were allowed to the respondent, the Hon'ble judges openly stated in the court that the order of reversion is illegal, but on the question of reversion of newly promoted officer (respondent), they reserved the judgement. NO WRITTEN ORDER WAS ISSUED. HOWEVER, AFTER VACATIONS, THE CASE WAS MARKED TO SOME OTHER BENCH AND FURTHER ARGUMENTS STARTED AGAIN.
WILL SOMEONE TELL IF NON ISSUE OF THE ORDER PRONOUNCED IN THE OPEN COURT BY THE PREVIOUS BENCH AND JUDGEMENT RESERVED ON THE MATTER OF REVERSION OF RESPONDENT WAS IN ORDER IN THE EYES OF LAW?
WILL SOMEONE ALSO TELL WHEN THE FIRST BENCH PRONOUNCED THE ORDER AND RESERVED JUDGEMENT IN A CASE, CAN THE SECOND BENCH START ARGUMENTS AFRESH IN THE MATTER?
THE CASE IS STILL PENDING WHILE THE PETITIONER IS RETIRING ON 30TH JUNE THIS YEAR. WHAT IS THE REMEDY AVAILABLE.
