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Supreme Court Of India

Hon'ble Judge(s): M. R. Shah, B. V. Nagarathna , JJ

Constitution of India , Art.16, Art.226— Promotion - Non consideration of - Post of Chief Engineer Level 2 - Order passed by Tribunal whereby directions issued to authorities to ignore uncommunicated ''Uttam" entries in ACRs while considering case of private respondent for promotion - Said order challenged by petitioner in writ petition - High Court without deciding writ petition on merits, directed Department to comply with order by observing that though Tribunal passed order on 15-9- 2021 but till date no review ACP has been constituted - Order of High Court, erroneous and set aside - Matter remanded to Division Bench of High Court for fresh consideration of writ petition in accordance with law. (Para 3 5)