Heard Shri Manoj Misra, learned counsel for the petitioner and learned Standing Counsel The prayer made in the writ petition is that petitioner was considered for promotion by the Promotional Committee, but the same was made in a sealed cover only on the ground that there is a criminal case pending against the petitioner. The petitioner submits that now the criminal case has resulted in acquittal, therefore, the respondents are under obligation to open the sealed cover and in case the petitioner is fit to be promoted on the date when he was considered for promotion, an order to that effect for permitting the petitioner be passed.
I have considered the submission and the factual aspects involving in the present writ petition as stated by learned counsel for the petitioner that the petitioner has already been acquitted in the criminal case, therefore, legally a person, who was entitled to be promoted on the date when the immediate juniors to the petitioner have been promoted is entitled to get promotion, but as due to pendency of criminal case, the consideration of the petitioner was put in a sealed cover and petitioner was disapproved for promotion on the ground of pendency of the criminal case. Now as petitioner has already been acquitted, therefore, the respondents are directed to open the sealed cover and pass appropriate order accordingly promoting the petitioner immediately from the date when his juniors have been promoted. The specific order to this effect be passed by the respondent No.3 within a period of two months from the date of production of a certified copy of this order.
Order Date :- 27.1.2010 PR/-