Mahendra Kumar Tripathi Pno.No. 902590207 Vs… — Writ and Judicial Review | Allahabad HC (2024)

Mahendra Kumar Tripathi Pno.No. 902590207 Vs… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Direction to respondent Nos. 3 and 4 to take a decision on giving the petitioner ad hoc promotion pursuant to the Government Order dated 28.05.1997 within four weeks from the date a certified copy of the order, along with an appropriate application, is placed before respondent No. 2; the sealed cover was not ordered to be opened by the court itself.

Issue for consideration

Whether the petitioner, whose D.P.C.-concluded case for ad hoc promotion to the post of Inspector was kept in sealed cover on 28.02.2023 under para 10 of the Government Order dated 28.05.1997 due to a pending criminal case, is entitled to have the sealed cover opened and to be considered for ad hoc promotion.

Court's answer

Noting that the petitioner's criminal trial in respect of Case Crime No.433 of 2016 is still pending, the court directed respondent Nos. 3 and 4 to take a decision for giving the petitioner ad hoc promotion in pursuance to the Government Order dated 28.05.1997 within a period of four weeks from the date a certified copy of the order, along with an appropriate application, is placed before respondent No. 2.

Key takeaways

The court observed that the order dated 01.04.2023 issued by the A.S.P. Establishment disclosed that the petitioner's case for ad hoc promotion would be considered after 28.02.2024.obiter¶¶10

Detailed headnote1 paragraphs

Writ petition under Article 226 of the Constitution of India by a police petitioner whose case for ad hoc promotion to the post of Inspector (D.P.C. concluded) was kept in sealed cover on 28.02.2023 under para 10 of the Government Order dated 28.05.1997 owing to pendency of Case Crime No.433/2016 under Sections 342/323/218/201 I.P.C., Police Station Kayamganj, District Fatehgarh, wherein a charge-sheet had been filed but the trial stood stayed. Noting the A.S.P. Establishment order dated 01.04.2023 indicating consideration after 28.02.2024, and observing that the criminal trial remained pending, Hon'ble Manish Kumar, J. directed respondent Nos. 3 and 4 to take a decision on giving the petitioner ad hoc promotion in pursuance to the Government Order dated 28.05.1997 within four weeks from the date a certified copy of the order, with an appropriate application, was placed before respondent No. 2. Petition disposed of accordingly.

Neutral Citation No. - 2024:AHC-LKO:20964

Court No. - 18

Case :- WRIT - A No. - 910 of 2024

Petitioner :- Mahendra Kumar Tripathi Pno.No. 902590207 Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 4 Others

Counsel for Petitioner :- Ramesh Singh,Anand Singh Pawar Counsel for Respondent :- C.S.C.

Hon'ble Manish Kumar,J.

Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the State.

Present petition under Article 226 of the Constitution of India has been filed seeking a writ of mandamus commanding the respondents to open the sealed cover envelop of the petitioner and consider him giving adhoc promotion on the post of Inspector for which the D.P.C. was concluded but petitioner's case was kept in a sealed cover on the ground that the petitioner was facing a criminal case registered at Case Crime No.433/2016, under Sections 342/ 323/ 218/ 201 I.P.C., Police Station - Kayamganj, District- Fatehgarh in which charge-sheet had been filed, however, final decision in the case has not been rendered by the trial court till date as the criminal proceeding of case has been stayed by the court.

Petitioner's case for promotion, therefore, was kept in sealed cover on 28.02.2023 in pursuance to the para 10 of the Government Order dated 28.05.1997, which provides that if the decision on the criminal case does not come within one year, the employee in respect of whom the sealed cover is adopted because of the pendency of the criminal case, would be considered for giving ad hoc promotion after a period of one year from the date of sealed cover procedure adopted in respect of his promotion.

Order dated 01.04.2023 issued by the A.S.P. Establishment itself would disclose that petitioner's case for giving him ad hoc promotion would be considered after 28.02.2024. Since petitioner's case for giving him ad hoc promotion pending criminal trial in respect of Case Crime No.433 of 2016 (supra) is still pending, I direct respondent Nos.3 and 4 to take a decision for giving the petitioner ad hoc promotion in pursuance to the Government Order dated 28.05.1997 within a period of four weeks from the date a certified copy of this order

along with appropriate application is placed before respondent No.2.

With the aforesaid observation/direction, the petition stands disposed of.

Order Date :- 7.3.2024 S. Kumar

Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench