Heard Sri Santosh Kumar Yadav "Warsi", learned counsel for the petitioner and Sri Pankaj Khare, learned Additional Chief Standing Counsel for the respondents.
Sri Pankaj Khare, learned Additional Chief Standing Counsel has filed affidavit of compliance along with application for discharge of contempt notices and for dismissal of the contempt petition, the same is taken on record.
This affidavit of compliance has been filed by Ms. Anita Singh, presently posted as Principal Secretary, Minor Irrigation, Government of U.P., Civil Secretariat, Lucknow, in which, the promotion order of some persons, namely, Sri Yogendra Pal Singh Yadav and Sri Ravindra Singh has been annexed showing that pursuant to the Departmental Promotion Committee they have been promoted on their promotional post. However, since one inquiry against the present petitioner namely Sri Rama Kant Tiwari was pending, therefore, he could not be promoted till date while his case was considered by the Departmental Promotion Committee for promotion and his candidature has been kept in sealed cover. In para-5 of the affidavit of compliance, the answering opposite party has categorically indicated as under:-
"5. That the Enquiry of the Ramakant has been dropped by an order dated 21.08.2018 and matter has been processed to the Karmik Department for opening of his sealed envelope which may take two weeks or so. True copy of the aforesaid order dated 21.08.2018 has been annexed as Annexure No.A-5 to the affidavit of compliance."
The perusal of the aforesaid averments of the affidavit of compliance reveals that inquiry against the petitioner has been dropped on 21.08.2018 and his matter has been processed to the department for opening his sealed envelope and as per the answering opposite party, the same exercise may take atleast two weeks time. Meaning thereby, since inquiry against the petitioner has been dropped and his candidature has already been considered for promotion in the Departmental Promotion Committee in compliance of order of this Court, therefore, appropriate order in respect of his promotion would be issued after two weeks.
List this contempt petition on 14.09.2018.
It is expected from the answering opposite party and other opposite parties shall pass appropriate order in the case of the petitioner within a period of two weeks as stated in para-5 of the affidavit of compliance and the said order would be produced before the court on the next date of listing, if possible, by way of supplementary affidavit.
Order Date :- 24.8.2018 Suresh/ [Rajesh Singh Chauhan,J.]