Court No. - 36
Case :- WRIT - A No. - 13204 of 2018 Petitioner :- Harpal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- D.C. Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
The petitioner is claiming benefit of ACP scheme and other increments on the ground that similarly situated employees have been accorded those benefits but the petitioner has wrongly been denied on the ground of pendency of criminal case.
Submission is that after acquittal by the competent court of law vide judgement and order dated 13.04.2017, the benefits admissible to the petitioner cannot be denied.
To deal with this submission of learned counsel for the petitioner, suffice it note that a perusal of the page '45' of the paper book indicates that punishments have repeatedly been inflicted upon the petitioner since the year 1992 to 2010 on account of the manner of his working.
This Court is, therefore, of the view that the respondent authority had rightly denied benefit of ACP scheme and increments, which is well within the jurisdiction of the departmental authority.
However, since no order has been passed by the competent authority, the writ petition is being disposed of with the direction to the respondent no.3 namely the Senior Superintendent of Police, Mathura to consider and decide the grievances of the petitioner by passing a reasoned and speaking order in accordance with law. The decision so taken shall be duly intimated to the petitioner immediately, thereafter.
Order Date :- 30.5.2018 Himanshu