Court No. - 36
Case :- WRIT - A No. - 17458 of 2019 Petitioner :- Kamal Kaushal Tiwari Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Satya Prakash Pandey,Abhishek Pandey Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Sri Satya Prakash Pandey, learned counsel for the petitioner and Sri Sanjay Kumar Singh, learned Additional Chief Standing Counsel for the State-respondent.
Petitioner is before this Court with a request to issue a mandamus commanding the respondents to provide promotion to the petitioner to the post of head constable from due date and he may be provided all consequential benefits of service in accordance with law.
The matter was taken up by this Court on 14.11.2019 and on the said date, learned counsel for the petitioner stated that on the date when order of promotion was to be passed in favour of petitioner, no disciplinary proceedings or criminal proceedings were pending against him. Submission was that on account of any subsequent initiation of proceedings the claim of petitioner for promotion to the post of Head Constable, which had already crystallized by then, could not be deferred. In this backdrop, instruction has been asked for by the learned Standing Counsel.
No doubt, in response to the order dated 14.11.2019, the instruction has been sent by the Superintendent of Police, Bhadohi but the Court is of the opinion that the said instruction is not satisfactory and as such, the same is rejected by the Court.
In support of his submissions, learned counsel for the petitioner has placed reliance upon judgment of the Apex Court in Avtar Singh Vs. Union of India and Others 2016 (8) Supreme Court Cases 471 (SLPs(C) No. 20525 of 2011, dt. 21.7.2016).
In the facts and circumstances, without adverting on the merits of the case, the present writ petition stands disposed of finally asking the second respondent to look into the grievance of the petitioner and pass a reasoned and speaking order strictly, in accordance with law, expeditiously in the light of Avtar Singh (supra).
Order Date :- 26.11.2019 A.K.Srivastava