This petition has been filed with the prayer to command the respondents not to consider the subject matter of the departmental proceedings initiated against the petitioner by means of the letter dated 20.11.2019, issued by the opposite party no.4 along with the charge-sheet for the incident of the year 2000-2001 and 2002-2003 while considering the claim of the petitioner for promotion on the post of Additional Commissioner, Grade-I, Trade Tax.
Learned counsel for the petitioner has submitted that the persons above the name of the petitioner in the seniority list of Additional Commissioner Grade II Trade Tax have already been promoted on the post of the Additional Commissioner Grade I, Trade Tax (now Commercial Tax) and there is no adverse material against the petitioner in his character roll. It has also been submitted that the censure entries awarded to the petitioner have already been quashed by the learned U.P. State Public Services Tribunal vide order dated 04.12.2007. Learned counsel further submits that in order to create hindrance in the matter of promotion of the petitioner, departmental proceedings have been initiated against the petitioner in a very old matter of eighteen years ago. The allegations are for the year 2000-2001 and 2002-2003 and since then the petitioner has been promoted thrice. Learned counsel submits that explanation was called from the petitioner on 29.10.2010 and he has submitted his reply on 26.11.2020 but since then, nothing has been communicated to the petitioner. Learned counsel submits that the Departmental Proceedings were held on 25.06.2020 and in pursuance of the interim order passed by this Hon'ble Court on 09.01.2020, the name of the petitioner was considered for the promotion to the post of Additional Commissioner Grade I, Commercial Tax and his result was kept in a sealed cover.
Learned counsel for the petitioner has vehemently submitted that Government Order dated 27.09.2019 specifically provides that while giving promotion to an employee, service record of last ten years would have been taken into consideration by the Departmental Promotion Committee. It is submitted that admittedly, the allegations which are alleged are for the year 2000-2001 and 2002-2003 and after this, the petitioner has been promoted thrice. He submits that as per the Government Order dated 27.07.2019, the petitioner is entitled for the promotion on the post of Additional Commissioner Grade I, Commercial Tax as there is no adverse material against the petitioner.
On the other hand learned counsel for the State has not contradicted the aforesaid fact.
Heard learned counsel for the parties and perused the record.
It is admitted fact that the allegations, which are alleged against the petitioner in the charge-sheet, are for the year 2000-2001 and 2002-2003. The charge sheet has been issued after a lapse of 17 years by means of the letter dated 20.11.2019 and that is too when the petitioner was going to the promoted on the next higher post. The Government Order dated 27.09.2019 specially provides that for the promotion in the selection year, last ten years' service record has to be seen by the authority concerned. It is admitted fact that there is no allegation against the petitioner for the last ten years. Thus, I am of the view that the petitioner is entitled for the promotion on the next higher post.
Accordingly, the writ petition is allowed.
A writ of mandamus is issued directing the respondents to open the sealed cover containing the result of the petitioner and if he is found to be eligible as per the departmental promotion committee held on 25.06.2020, the petitioner shall be promoted to the next higher post.
Order Date :- 22.1.2021 VNP/-