Peter Kerketta Vs State Of Chhattisgarh

¶1

1

¶2

2024:CGHC:32479

¶3

NAFR

¶4

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

WPS No. 3990 of 2015

¶6

Peter Kerketta S/o Late R. Kerketta, Aged About 55 Years Assistant Grade- I, Presently Working At Directorate Treasury, Account And Pension, New Raipur, Post And Thana New Raipur, District Raipur, Chhattisgarh, Chhattisgarh

¶7

... Petitioners

¶8

versus

¶9

State Of Chhattisgarh Through The Secretary, Finance Department, Mahanadi Bhawan, New Raipur, Post Rakhi, Thana Abhanpur, Raipur, Chhattisgarh, Chhattisgarh

¶10

Director, Driectorate Treasury, Account And Pension, Indrawati Bhawan, New Raipur, Post And Thana New Raipur, District Raipur, Chhattisgarh

¶11

... Respondents

¶12

(Cause Title is taken from Case Information System)

¶13

For Petitioner : Mr. Somkant Verma, Advocate For State : Mr. Khulesh Sahu, Panel Lawyer

¶14

Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

¶15

2 7.08.2024

¶16

By way of this petition, the petitioner has sought the following relief(s):-

¶17

“10.1 That, this Hon’ble Court may kindly be pleased to direct the respondents to consider the case of the petitioner for promotion to the next higher post i.e. Sub-ordinate Account Service or Account Officer (S.A.S. Cadre).

¶18

10.2 That, this Hon’ble Court may kindly be pleased to direct respondents to consider and decide the pending application/representation of the petitioner dated 05.06.2015 (Annexure P-2) within stipulated period.

¶19

2

¶20

10.3 Any other relief, which this Hon’ble Court may deem fit.”

¶21

Learned counsel for the petitioner submitted that the petitioner was appointed to the post of Lower Division Clerk in the Finance Department on 08.04.1977. He further submitted that he was promoted to the post of Upper Division Clerk on 21.09.1987. He also submitted that the petitioner was trialled on account of certain criminal charges, and he was acquitted by the learned Judicial Magistrate First Class, Bhopal, Madhya Pradesh, vide judgment dated 15.07.2013. It is further contended that though in the year 2013, the petitioner was in service, his claim for promotion had not been considered by the authority on account of the pendency of the criminal case. It is also contended that after the conclusion of the criminal case, the petitioner made a representation before respondent No. 2 on 14.08.2013 and 05.06.2015, but the same was not considered.

¶22

He fairly submitted that an acquittal appeal against the judgment dated 15.07.2013 is pending and that was made the basis for nonconsideration of the claim of the petitioner for promotion. He further stated that a direction may be issued to respondent No. 2 to decide the representations dated 14.08.2013 and 05.06.2015 in an objective manner within a stipulated time.

¶23

On the other hand, Mr. Khulesh Sahu, the learned Panel Lawyer would oppose. He submitted that though the petitioner was acquitted by the competent Criminal Court, an acquittal appeal is still pending; therefore, his claim for promotion was not considered at that time.

¶24

I have heard learned counsel appearing for the parties and perused the documents placed on the record.

¶25

3

¶26

Admittedly, the petitioner was acquitted from criminal charges by the learned Judicial Magistrate, First Class, Bhopal, Madhya Pradesh vide judgment dated 15.07.2013, and thereafter, he made representations dated 14.08.2013 and 05.06.2015 to consider his claim for promotion. It appears that the claim of the petitioner was not considered for promotion on account of the pendency of the acquittal appeal.

¶27

Taking into consideration the fact that the petitioner was acquitted on 15.07.2013 by the competent Criminal Court and representations were made on 04.08.2013 and 05.06.2015 which are still pending consideration before respondent No. 2, this petition, at this juncture, is disposed of directing respondent No. 2 to consider the representations made by the petitioner dated 04.08.2013 and 05.06.2015 in an objective manner strictly in accordance with the law, preferably within a period of 120 days from the date of receipt of a copy of this order.

¶28

With the aforesaid observation(s), and direction(s), the instant petition is disposed of .

¶29

Sd/- (Rakesh Mohan Pandey) Judge

¶30

$iddhant

Peter Kerketta v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Peter Kerketta v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Smt. Geeta Meshram Vs Advocate General

Janpad Panchayat Lakhanpur Vs State Of Chhattisgarh and Ors.

Dhirendra Vishwakarma Vs Rasheed Hasmi

Bishnu Pada Ghosh Vs Bank Of Maharashtra And Ors.

Premshankar Brahmbhatta Vs State Of Chhattisgarh And Ors.

Smt. Mini Bai Patel Vs State Of Chhattisgarh and Ors.