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2021 Supreme(HP) 849

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


Advocates Appeared:
For the Petitioner: Shri Dalip K. Sharma.
For the Respondent:Shri Yudhvir Singh, Deputy Advocate General.

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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