IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/B) No. 362 of 2006 1. State of Uttaranchal through Secretary, Forest Department, Government of Uttaranchal, Dehradun. 2. Divisional Forest Officer, Uppar Yamuna Forest Divisional, Barkot, District-Uttarkashi. ………….. Petitioners Versus 1. Balbir Singh Rawat S/o Sri Bahadur Singh Rawat R/o Upper Yamuna Forest Division, Barkot, District-Uttarkashi. 2. Public Service Tribunal, Uttaranchal, Dehradun. .…...……. Respondents Present: Mr. K.P. Upadhyay, Addl. Chief Standing Counsel (State of Uttarakhand) for the petitioners. None for respondent No.1. Coram : Hon’ble Barin Ghosh, Chief Justice Hon’ble Sudhanshu Dhulia, Judge Date : 24th March, 2011 JUDGMENT Barin Ghosh, C. J. (Oral) It appears to be the contention of the petitioners that after temporary promotion was accorded to the private respondent, who then was a forest guard, with a clear stipulation that the said promotion can be put to an end at any point of time without any notice, it transpired, upon consideration of a representation made by another forest guard, that though the said forest guard was senior to the private respondent, the case of promotion of the private respondent was considered without considering the case of promotion of the said forest guard. Accordingly, as is the case of 2 the petitioners, promotion of private respondent, which was given by mistake, was cancelled in order to enable grant of promotion to the other forest guard who was senior to the private respondent. However, the order, by which promotion to the private respondent was cancelled, did not say so. The word “cancellation” or words “cancellation for rectification of mistake” were not used. It was indicated that the private respondent is being reverted. Admittedly, that was done without notice. The Tribunal, accordingly, has held that the order impugned is hit by the provisions of Article 311 of the Constitution of India. We, accordingly, refuse to interfere with the order of Tribunal impugned in the writ petition and, accordingly, dismiss the same without any order as to costs. ( Sudhanshu Dhulia, J. ) ( Barin Ghosh, C.J.) 24.03.2011 P. Singh