Court No. - 50
Case :- WRIT - A No. - 15178 of 2019 Petitioner :- Rajesh Kumar Shukla Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Girish Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and Sri P.K. Giri, learned Additional Chief Standing Counsel for all the respondents.
With the consent of learned counsel for the parties, the writ petition is disposed of.
Earlier the petitioner has filed a writ petition being Writ A No. 32751 of 2017 in which on 28.07.2017 following order has been passed:
"Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State-respondents.
The petitioner claims himself to be a Head Constable (Ministerial) in U.P.Police and is currently posted at Unnao. The grievance of the petitioner is that his claim for promotion to the post of Sub Inspector (Ministerial) is pending consideration, which has been kept under the sealed cover, in view of criminal case pending against him.
Learned counsel for the petitioner submits that pursuant to Office Memorandum dated 28.5.1997, paragraph-10 of which provides that in such circumstances, where one year has passed since the matter has been kept under sealed cover, the authorities may consider granting of ad hoc promotion to such employees. The petitioner has already made a representation to respondent no.2 where the same is still pending.
The writ petition is disposed of with the direction that in case the Office Memorandum dated 28.5.1997 is still effective and applicable, the claim of the petitioner in the light of paragraph-10 of the said Office Memorandum be considered and decided by respondent no.2 in accordance with law, as far as possible, within a period of two months from the date a certified copy of this order is presented before the authority concerned."
In compliance of the order dated 28.07.2017 the Additional Director General of Police,(Establishment), Govt. of U.P. has passed an order on 25th October, 2018.
Learned counsel for the petitioner has also placed reliance of the order dated 25.10.2018, passed by the Additional Director General of Police (Establishment) U.P.. Paragraph 8 of the said order provides that in the meeting held on 27.06.2018 the selection committee has held that the result will be kept in a sealed cover and will be opened after completion of one year.
Learned counsel for the petitioner, therefore, submits that even expiry of the period of one year from the date of declaration of result i.e. 27.06.2018, the sealed cover has not been opened by the respondents.
Having heard the learned counsel for the parties, the writ petition is disposed of by directing the respondent no.2 to declare the result, which was kept in sealed cover on 27.06.2018, preferably within a period of one month from the date of presentation of certified copy of this order.
With the above observation, the writ petition is disposed of.
Order Date :- 27.9.2019 A.Kr.*