Court No. - 36
Case :- WRIT - A No. - 10294 of 2020 Petitioner :- Anil Kumar Tyagi Respondent :- State of U.P. and Another Counsel for Petitioner :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
1. This Court passed following order on 08.12.2020:
"Heard Sri Vinod Kumar Tripathi, learned counsel for the petitioner. It transpires from the record that the petitioner has been promoted from the post of Chakbandi Lekhpal to Chakbandi Karta vide order dated 22.12.2016, however, due to the pendency of a case under the Anti Corruption Act, 1988 the petitioner was not given promotion order. The petitioner has come to be acquitted in the said case by the Special Judge (Vigilance, CBCID and Police), Garhwal Region, Dehradun vide order dated 28.09.2019 in Special Session Trial No. 4 of 2008 and yet the petitioner has not been promoted and instead on 05.12.2019 it has been directed that the petitioner's promotion shall be considered in the next meeting of the selection committee and again similar order has been passed on 07.08.2020.
It is argued that once the petitioner has been duly promoted and his promotion was withheld only on the ground of pendency of a case under Anti Corruption Act and the petitioner has been acquitted in the said case, there is no reason why the promotion already done in respect of the petitioner dated 22.12.2016 be not given effect to w.e.f. date his colleagues were promoted.
Learned Standing Counsel is directed to have instructions in the matter.
Put up again as fresh on 06.01.2021."
2. In pursuance of above referred order Sri V.B. Yadav, learned Standing Counsel appearing for State, has received instructions and submits that the case of petitioner for promotion shall be considered in the next meeting of Departmental Promotion Committee, which is likely to be held at the earliest.
3. Learned counsel appearing for petitioner states that he has no objection if this writ petition be disposed of taking note of above mentioned instruction.
4. The writ petition is accordingly disposed of in terms of above mentioned instructions.
Order Date :- 6.1.2021 AK