Court No. - 36
Case :- WRIT - A No. - 16513 of 2019 Petitioner :- Ram Khiladi Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Irfan Ahmad Malik Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
The matter was taken on 21.10.2019 and the Court has proceeded to pass the following order.
"Petitioner's claim for promotion on the ground that only adverse material against him i.e. the pendency of criminal case has seized to exist as the petitioner has been acquitted on 8.5.2017, was directed to be considered under an order of this Court dated 25.04.2019. Petitioner's claim has now been rejected on the ground that against order of acquittal an appeal is pending.
Learned counsel for the petitioner states that in terms of appropriate Government Order mere pendency of appeal would not be a ground to deny consideration to petitioner's claim for promotion inasmuch as pendency of appeal would not be a ground to deny consequences of the order of acquittal dated 08.05.2017. It is also submitted that in fact no appeal has been preferred in the matter.
Learned Standing Counsel may obtain instruction in the matter. Post as fresh on 07.11.2019. "
Thereafter, the matter was again taken on 7.11.2019 and the following order has been passed by this Court.
"Pursuant to order passed on the previous occasion, learned Standing Counsel has obtained instructions, according to which, an appeal against the order of acquittal has been filed before this Court. However, the number of appeal has not been disclosed.
Learned counsel for the petitioner specifically asserts that till date no appeal has been filed.
In the facts and circumstances, the third respondent is directed to file his personal affidavit clarifying as to on what date the appeal has been filed and what is the number of the appeal. In case it is found that a false statement has been made before the Court, an appropriate action would be taken against the responsible person.
Post this matter as fresh on 21.11.2019. "
In response thereof, Personal Affidavit dated 26.11.2019 has been filed on behalf of S.S.P. Ghaziabad. It has been averred in para 5 of the affidavit that in Criminal Case (S.T. No. 23 of 1998), under Section 120B I.P.C. read with Section 7, 13(1)(D) and 13(2) of the Anti Corruption Act, the petitioner has been acquitted vide judgment and order dated 08.05.2017. So far as categorical information regarding pendency of any appeal, the same is missing. Moreover, while acquitting the petitioner in the aforesaid criminal case, the learned Special Judge (Prevention of Corruption Act)/A.D.J., Meerut vide order dated 8.5.2017 has also passed an order for lodging a misc. case under Section 344 Cr.P.C. against the complainant Rajendra Singh s/o Khoobi Singh, R/o Village Dagraah, Post Pursanda, Tehsil Sadabad, District Hathras.
In the facts and circumstances, as the D.P.C. has already convened and the petitioner's claim is under the sealed cover, in view of the Government Order dated 28.5.1997, the same shall be opened by the competent authority within a week's time as there is no impediment and consequent action shall be taken within six weeks time thereafter.
With the aforesaid, the present writ petition stands disposed of. Order Date :- 29.11.2019 A.K.Srivastava