Writ petition challenging Consolidation Commissioner's order reserving a promotional post due to pending criminal proceedings under Prevention of Corruption Act was dismissed.
Petitioner's claim for promotion was denied per commissioner's order staying post reservation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 58
Case :- WRIT - A No. - 11248 of 2018
Petitioner :- Raj Kumar Pratihar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Singh,Veerendra Kumar Shukla
Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
An order passed by the Consolidation Commissioner, U.P., Lucknow dated 22nd November, 2017 is under challenge in this petition. The authority concerned by the order under challenge has noticed the facts relating to petitioner's claim for promotion. It has been recorded that criminal proceedings have been initiated against the petitioner and a chargesheet has been filed under the Prevention of Corruption Act, proceedings whereof have been challenged before this Court by the petitioner in Criminal Revision No.2671 of 2004. Further proceedings of the case have been stayed by this Court. It has been observed by the Commissioner that in view of the law laid down by the Apex Court in Union of India and others Vs. K.V. Jankiraman and others, reported in 1991(4) SCC 109, sealed cover procedure is to be followed. One post of Consolidator has been kept reserved awaiting disposal of the criminal proceedings. Aggrieved by this order, petitioner is before this Court.
Learned counsel for the petitioner has made various submissions but the facts recited in the order have not been disputed. The legal proposition noticed in the order has also not been shown to be incorrect. In such circumstances, no infirmity could be found in the order of the Commissioner, which may warrant any interference.
Writ petition, accordingly, is dismissed.
Order Date :- 3.7.2018 Anil
Raj Kumar Pratihar
State Of U.P.
2 Others
Ashwani Kumar Mishra
Anil
As recorded by the court registry
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