Maniram Singh Vs U.P. Power Corporation Thru. Chairman Lko and 3 Others — Allahabad HC (2025) — LawSathi Research

Maniram Singh Vs U.P. Power Corporation Thru. Chairman Lko and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief at this interlocutory stage: ten days granted to the opposite parties to seek specific instructions and file the short counter affidavit; counsel may advise the authority to take an appropriate decision; matter listed fresh for 9.4.2025 and to be taken up after fresh cases.

Issue for consideration

Whether the petitioner, whose promotion to the post of Assistant Engineer was kept in sealed cover owing to a criminal case in which he was acquitted on 29.2.2016, and against whose acquittal the State's appeal (Criminal Appeal No. 3088 of 2016) has been neither admitted nor carries any interim order, is entitled to have the sealed cover opened and to be promoted with all consequential service benefits; and whether the order dated 20.05.2020 should be quashed.

Court's answer

Operative direction: learned counsel for the opposite parties may advise the authority concerned to take appropriate decision in the case of the petitioner, and any decision taken till the next date of listing is to be shown to the Court.

Ratio / Principle

Operative direction: learned counsel for the opposite parties was granted ten days and no more time to seek specific instructions and file the short counter affidavit.

Detailed headnote1 paragraphs

Interlocutory order dated 25.3.2025 by Rajesh Singh Chauhan, J., High Court of Judicature at Allahabad, Lucknow Bench, in WRIT - A No. 3209 of 2025 (Maniram Singh vs. U.P. Power Corporation Thru. Chairman Lko and 3 Others). The petitioner's promotion to the post of Assistant Engineer (U.P.P.C.L.) was kept in sealed cover because a criminal case was pending against him; he was acquitted by judgment and order dated 29.2.2016, and the State of U.P.'s appeal (Criminal Appeal No. 3088 of 2016) against the acquittal has been neither admitted nor granted any interim order, though original records were summoned on 24.6.2016. The petitioner seeks mandamus to open the sealed cover and promote him as Assistant Engineer from the date of similarly situated employees with all service benefits, and certiorari to quash the order dated 20.05.2020. Counsel for the petitioner drew attention to Neeraj Kumar Pandey (Writ-A No. 8151 of 2022) and Umesh Pratap Singh vs. State of U.P., wherein this Court is stated to have observed that mere pendency of a criminal case, coupled with the employee being permitted to continue in service, cannot be a ground for denying promotion. The Court decided nothing on the merits: it granted the opposite parties ten days to seek specific instructions and file a short counter affidavit, indicated that counsel may advise the authority concerned to take an appropriate decision (any such decision to be shown to the Court), and listed the matter fresh for 9.4.2025, to be taken up after fresh cases.

Court No. - 3

Case :- WRIT - A No. - 3209 of 2025

Petitioner :- Maniram Singh

Respondent :- U.P. Power Corporation Thru. Chairman Lko And 3 Others Counsel for Petitioner :- Rakesh Pathak,Vijay Pathak Counsel for Respondent :- Neerav Chitravanshi

Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Rakesh Pathak, learned counsel for the petitioner and Sri Piyush Kishor, Advocate holding brief of Sri Neerav Chitravanshi, learned counsel for the opposite parties.

By means of this petition the petitioner has prayed following relief :

" A. issue writ, order or direction in the nature of Mandamus commanding the opposite party no. 2 i.e. Managing Director, U.P.P.C.L., directing him to open the Seal Cover Process and to promote to petitioner on the post of Assistant Engineer from the date of other similarly situated employees, and to provide all service benefits to the petitioner.

B. Issue writ, order or direction in nature of Certiorari quashing the order dated 20.05.2020 contained as annexure no. 1 of the petition."

Learned counsel for the petitioner has stated that the issue relating to the promotion of the petitioner was kept in sealed cover for the reason that one criminal case was pending against him. That criminal case has been decided vide judgment and order dated 29.2.2016 (Annexure no. 2) whereby the petitioner has been acquitted. Against the said acquittal order the State of U.P. has filed an appeal before this Court bearing Criminal Appeal No. 3088 of 2016 (State of U.P. vs. Maniram ) wherein neither the appellate court admitted the appeal nor any interim order has been granted but vide order dated 24.6.2016 the original records were summoned.

Learned counsel has submitted that mere pendency of aforesaid appeal would not debar the petitioner to be promoted on the next higher post, if no interim order has been granted in said appeal.

Attention has been drawn towards the judgments passed in Writ-A No. 8151 of 2022 (Neeraj Kumar Pandey vs. State of U.P. & others) and Umesh Pratap Singh vs. State of U.P. & others) wherein this Court has observed that mere pendency of criminal case coupled with the fact that the petitioner has been permitted to continue in service cannot be a ground for denying promotion. The ratio of the aforesaid judgments is fully applicable in the present case, therefore, the learned counsel for

the petitioner has requested that the opposite party no. 2 may be permitted to open the sealed cover and promote the petitioner on the post of Assistant Engineer from the date the similarly situated employees have been permitted with all consequential benefits.

Learned counsel for the opposite parties prays for and is granted ten days and no more time to seek specific instructions and file the short counter affidavit.

Learned counsel for the opposite parties may advise the authority concerned to take appropriate decision in the case of the petitioner and if any decision is taken till the next date of listing, the same may be shown to the Court.

List this case on 9.4.2025 as fresh.

This matter may be taken up after fresh cases.

[Rajesh Singh Chauhan, J.]

Order Date :- 25.3.2025 Om

Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench