Court No. - 58
Case :- WRIT - A No. - 15489 of 2018 Petitioner :- Alok Soni Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjeev Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is aggrieved on account of his exclusion from the promotion list published by respondents for the post of Inspector on 28.2.2018.
Learned counsel for the petitioner points out that petitioner's claim for promotion was not considered on account of two orders passed against him by the Superintendent of Police, Deoria on 14th September, 2017. These two orders were challenged by filing appeals, which have been allowed on 18th March, 2018. The punishment order has been set aside. Submission is that in such circumstances, there exists no justification not to consider the petitioner's claim for promotion alongwith petitioner's junior.
Learned Standing Counsel submits that as and when a fresh exercise is undertaken for promotion, the claim of petitioner would be considered, in accordance with law.
This Court finds that on the date of consideration i.e. 28.2.2018, orders adverse to petitioner existed on his service record. No exception, therefore, can be taken, if the respondents have not considered the claim of petitioner for promotion. However, once the order which constituted the material adverse against the petitioner has been set aside, the authorities would be expected to examine petitioner's candidature afresh, as and when the new promotion exercise is taken by them.
With the aforesaid observations, this writ petition stands disposed of.
Order Date :- 25.7.2018 Anil