Special appeal dismissed against interim order staying cancellation of promotion. Court held appeal did not call for interference and noted writ judgment decided independently.
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Court No. - 39
Case :- SPECIAL APPEAL No. - 422 of 2018
Appellant :- Surendra Kumar Respondent :- Jaya Bharti And 3 Others Counsel for Appellant :- Vinod Sinha,Mahesh Sharma Counsel for Respondent :- C.S.C.,Kartikeya Saran,Manoj Kumar Mishra
Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.
This Special Appeal is directed against the interim order dated 16 April 2018, by which the order dated 2 April 2018 granting promotion to the writ petitioner-respondent No.1 cancelling the promotion, has been stayed.
It is submitted by the learned counsel for the appellant that the appellant was senior to the writ petitioner and, therefore, his case should also have been considered.
The impugned order seeks to cancel the promotion order for the reason that the typing test was not held and not for the reason the appellant had been ignored.
The impugned interim order dated 16 April 2018, therefore, does not call for any interference.
The Special Appeal is, accordingly, dismissed. It is made clear that the writ petition shall be decided without being influenced by any observation made in this order.
Order Date :- 14.5.2018 Akram
(Dilip Gupta,J.)
(Neeraj Tiwari,J.)
Surendra Kumar
Jaya Bharti
3 Others
Dilip Gupta
Neeraj Tiwari
As recorded by the court registry
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