Court No. - 5
Case :- WRIT - A No. - 12693 of 2021 Petitioner :- Rakesh Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shishir Kumar Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner is a Constable in U.P. Police and is presently posted as Constable at Police Station Gangoh,District Saharanpur. The candidature of the petitioner for promotion on the post of Head Constable was considered by the respondent no.2, however, recommendation of the Departmental Promotion Committee for promotion of petitioner has been kept in a sealed cover.
According to the petitioner, the candidature of the petitioner for promotion on the post of Head Constable though has been considered, but the recommendation of the Departmental Promotion Committee has been kept in sealed cover due to a criminal case pending against the petitioner.
It is stated by the learned counsel for the petitioner that more than one year has passed since recommendation has been kept in a sealed cover. He submits that as per para-10 of the Government Order dated 28.05.1997, if consideration of candidature for promotion of an employee is kept in sealed cover and if more than one year has passed since consideration, the same may be opened and the employee if found fit, should be granted promotion on ad hoc basis subject to the decision of the criminal case.
Learned counsel for the petitioner in support of the aforesaid submission has placed reliance upon the judgment a Division Bench of this Court passed in Special Appeal No.521 of 2016. The relevant extract of the said judgment is quoted hereinbelow:
"We find that the result of the promotional exercise during which the case of the appellant was also considered has been kept in sealed cover. This was only on account of the pendency of the criminal case which evidently has not seen conclusion till date. We are therefore of the opinion that the interest of justice would warrant the consideration of the case of the appellant by the second respondent in light of the Government Order dated 28 May 1997 and such other subsequent instructions that may operate in the field."
Learned Standing Counsel submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction be issued to respondent no.2 to consider the grievance of the petitioner.
Considering the facts and circumstances of the case and without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with liberty to the petitioner to file a fresh representation before the respondents no.2-U.P. Police Recruitment and Promotion Board, U.P., Lucknow through its Chairman/Secretary along with a copy of this order downloaded from the official website of High Court, Allahabad, raising all his grievances within a period of two weeks from today. In case, any such representation is filed by the petitioner, the respondent no.2 shall consider and decide the same strictly, in accordance with law, by a reasoned and speaking order preferably within a period of two months thereafter.
The writ petition is disposed of subject to the observations made above.
Order Date :- 23.9.2021/NS