Gulab Singh, PNO-112071758 v. Shri Sanjay Singhal, Deputy Inspector General of Police, Lko. and Another

Allahabad HC26 Sept 2024CAPL/2633/2024

Case brief

AI extract

What is this about?

Contempt application over denial of adhoc promotion to a police officer despite an interim order permitting it pending departmental and criminal proceedings. The court rejected the DIG Establishment's fresh affidavit of compliance for again refusing promotion and directed his personal appearance on the next date for framing of charge.

What the court decided

AI extract

Gulab Singh, PNO-112071758 vs Shri Sanjay Singhal… — Contempt of Court | Allahabad HC (2024)

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Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 2633 of 2024

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Applicant :- Gulab Singh, Pno-112071758 Opposite Party :- Shri Sanjay Singhal, Deputy Inspector General Of Police, Lko. And Another Counsel for Applicant :- Ravi Pratap Singh

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Hon'ble Rajeev Singh,J.

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On 28.08.2024, following order was passed:-

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"1. In pursuance of earlier order, Shri Mohit Johri, learned counsel appearing for Shri Prabhakar Chaudhary, DIG, Establishment, U.P. has filed affidavit of compliance. The same is taken on record. He submits that one departmental proceeding as well as criminal trial is pending against the applicant. He further submits that sealed cover envelop was openned and the applicant was not found suitable for promotion subject to conclusion of departmental proceeding as well as criminal trial.

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2. Learned counsel for the applicant submits that order dated 28.05.1997 clearly provides the procedure for adhoc promotion in case of pending departmental proceeding or criminal trial or opening the sealed cover envelop. As the DIG, Establishment has wrongly denied the claim of the applicant for adhoc promotion. Accordingly, the affidavit of compliance filed today is hereby rejected.

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3. It is evident from the order dated 23.08.2024 passed by Shri Prabhakar Chaudhary, DIG, Establishment, U.P. that he was fully aware of the pendency of the present contempt application.

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4. List this case on 11.09.2024 at 11:30 AM.

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5. Learned counsel for the applicant is permitted to implead Shri Prabhakar Chaudhary, DIG, Establishment, U.P. as respondent no.3 in the memo of application, forthwith.

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6. On the next date, affidavit of compliance be filed by respondent no.3 explaining, as to why, the claim of the applicant has been denied on the ground of mere pendnecy of departmental proceeding as well as criminal trial.

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7. Shri Mohit Johri is directed to communicate this order to Shri Prabhakar Chaudhary, DIG, Establishment, U.P. for necessary compliance forthwith."

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As per aforesaid order, affidavit of compliance filed earlier has already been rejected.

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Affidavit of compliance is filed today again by respondent no.3 by rejecting the claim of the applicant in the same manner by reiterating

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the observations made by the Investigating Officer in the charge-sheet of criminal case, which is pending against the applicant.

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Accordingly, affidavit of compliance filed today by respondent no.3 is hereby rejected .

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List this case on 26.09.2024.

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On the next date, respondent no.3 shall appear in person before this Court for framing of charge.

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Order Date :- 11.9.2024 Arpan

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

Gulab Singh, PNO-112071758 v. Shri Sanjay Singhal, Deputy Inspector General of Police, Lko. and Another

Case brief

What is this about?

What the court decided

Gulab Singh, PNO-112071758 v. Shri Sanjay Singhal, Deputy Inspector General of Police, Lko. and Another

Case brief

What is this about?

What the court decided

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