Dismissed

Rajendra Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Home and 3 Others

Allahabad HC9 Sept 2024WRIA/7591/2024

Case brief

AI extract

What is this about?

Petitioner sought writ for promotion consideration despite pending penalty contest. Court held that as penalty challenge is sub-judice before Tribunal, writ would not interfere. Court disposed petition at admission stage with liberty to approach Tribunal for interim relief.

What did the court decide?

No direction to include petitioner in promotion committee. Liberty to approach Tribunal for interim relief.

Rajendra Kumar vs State of U.P. Thru… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:62119

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Court No. - 4

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Case :- WRIT - A No. - 7591 of 2024

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Petitioner :- Rajendra Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And 3 Others Counsel for Petitioner :- Chandra Prakash Dwivedi Counsel for Respondent :- C.S.C.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Shri Kartikeya Dwivedi, learned counsel for the petitioner and Shri S.P. Singh, learned Standing Counsel for the State-respondents.

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By means of this writ petition, the petitioner has prayed for the following relief(s):-

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" I. Issue a writ, order or direction in the nature of MANDAMUS thereby commanding and directing to the opposite parties more specifically opposite party No. 2 and 3 to include the name of petitioner in the upcoming departmental promotion committee and consider the case of the petitioner for his promotion from the post of Inspector (Civil Police) to the post of Deputy Superintendent of punishment order Police and in case, the punishment order of Censure Entry dated 22.11.2020 passed by the Superintendent of Police, Saharanpur creates hurdle then also consider the case of petitioner for his promotion subject to final decision in Claim Petition No. 1167 of 2023 (Inspector Rajendra Kumar vs. State of U.P. and others) filed by the petitioner pending before the State Public Service Tribunal, U.P., Indira Bhawan, Lucknow by which the alleged punishment order has been challenged."

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At the very outset, learned Standing Counsel has informed that one Claim Petition No. 1167 of 2023 is pending consideration before the Tribunal, wherein the petitioner has assailed the punishment order of censure entry and till the aforesaid claim petition is not decided, no direction may be issued directing the authority concerned to consider the promotion of the petitioner.

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On that, learned counsel for the petitioner has stated that the aforesaid claim petition is pending consideration before the Tribunal but on account of shortage of Members of the Tribunal, no order has been passed in such claim petition to protect the interest of the petitioner.

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Be that as it may, the petitioner may prefer an application for seeking interim relief before the Tribunal to the effect that till the pendency of the claim petition, the authority may be directed to consider the candidature of the petitioner or the petitioner may file an application to expedite the proceedings but at this stage, no order can be passed in this petition under Article 226 of the Constitution of India.

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Therefore, in view of the above, without entering into merits of the issue, I hereby dispose of this petition finally at the admission stage giving liberty to the petitioner to prefer an appropriate application before the U.P. Public Services Tribunal in a pending claim petition and it is expected from the Tribunal to expedite the proceedings of the claim petition and if any interim relief application is filed by the petitioner, any appropriate order protecting the interest of the petitioner shall be passed strictly in accordance with law.

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Order Date :- 9.9.2024 Shravan

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[Rajesh Singh Chauhan,J.]

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

Rajendra Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Home and 3 Others

Case brief

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Rajendra Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Home and 3 Others

Case brief

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