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VIVEK SINGH THAKUR
Madan Lal, S/o. Shri Bugga Ram – Appellant
Versus
State of Himachal Pradesh, Through Its Secretary Forest Government of Himachal Pradesh – Respondent
Key Points: - The petitioner, a Deputy Ranger, sought promotion to Forest Range Officer; promotion was withheld due to pendency of a criminal case; charge-sheet filed and no charges framed (!) - Departmental Promotion Committee (DPC) adopted Sealed Cover Procedure on 14.12.2020 due to criminal proceedings; six monthly reviews and adhoc promotion procedures are in Hand Book on Personnel Matters Vol-I, OM 14.9.1992 (!) (!) - High Court disposed of the petition with directions to hold six monthly review by 15.09.2021 and consider case for regular/adhoc promotion; if eligible, benefit to be extended preferably before retirement and communicated immediately (!) [p_ created by order text] - Petitioner’s retirement date cited as 30.09.2021; request to consider promotion before retirement if found eligible (!) - Petitioner’s earlier argument that Sealed Cover was unwarranted since only charge-sheet, not framed charges, was raised but court left the issue open while focusing on six monthly review and promotion consideration (!) (!) - The order specifies that proceedings and decisions should be intimated immediately, and six monthly review to be completed on or before 15.09.2021; if promotion found, benefit extended before retirement preferably on or before 21.09.2021 (!)
ORDER :
Petitioner is serving as Deputy Ranger in the Himachal Pradesh Forest Department. In response to the process initiated for promotion to the post of Forest Range Officer, on 1.2.2020, petitioner made a request for considering his name for such promotion, but he was not promoted, despite making further request on 9.10.2020, due to pendency of criminal case against him, in pursuant to FIR No.11 of 2018, dated 11.2.2018, in Police Station Kasauli, District Solan, wherein he was arrested and remained in police custody with effect from 12.2.2018 to 15.2.2018 and thereafter he was detained in judicial custody till 3.3.2018. After his release, he joined the duty on 5.3.2018, and he was actually reinstated by the competent authority vide order dated 29.3.2018. Charge-sheet against the petitioner has been filed in the Court of Additional Chief Judicial Magistrate, Kasauli on 28.6.2018 and supplementary charge-sheet was filed on 24.9.2018, which is pending adjudication and charges have not been framed against the petitioner till date.
2. Meeting of Departmental Promotion Committee (DPC) was held on 14.12.2020 and for pendency of the criminal proceedings, the DPC has adopted Sealed Cover
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