Court No. - 38
Case :- WRIT - A No. - 11183 of 2019 Petitioner :- Alok Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Sinha Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is presently posted as Settlement Officer Consolidation at Mau. It appears that a disciplinary action was initiated against him with service of a charge-sheet on 4th December, 2018. Petitioner has submitted his reply and it is stated that the enquiry report has already been submitted in his favour on 8th March, 2019. Submission is that a final decision in the disciplinary proceedings has not been taken and merely for such reason the authorities are likely to overlook the claim of the petitioner for promotion. It is stated that even previously his claim was ignored on similar grounds. It is submitted that in the event disciplinary proceedings are not concluded, the authorities be directed to consider the matter relating to grant of promotion to the petitioner to the post of Deputy Director of Consolidation by following the sealed cover procedure.
In the facts and circumstances, it would be appropriate to dispose of this writ petition with a direction upon the respondent no. 1 to conclude the disciplinary proceedings initiated against the petitioner on 4th December, 2018, within a period of three months, from the date of presentation of a certified copy of this order.
It is further provided that in case any fresh DPC is conducted for promotion to the post of Deputy Director of Consolidation and the petitioner is otherwise within the zone of consideration his claim would be considered by following the sealed cover procedure. An appropriate decision in that regard would be taken by the respondent no. 1, within the aforesaid period.
Order Date :- 26.7.2019 Ranjeet Sahu