Judgment

Mr. Vikas Bahl, J.

This is a Civil Writ Petition filed under Article 226/227 of the Constitution of India for the issuance of a writ in the nature of mandamus directing the respondent to open the sealed cover with respect to recommendations of the Departmental Promotion Committee dated 10.12.2015 (Annexure P-6) and to consider the candidature of the petitioner for promotion to the post of Superintending Engineer w.e.f. 22.12.2015 in view of the fact that vide judgment dated 14.03.2018 (Annexure P-8) passed by the Additional Sessions Judge, Sri Muktsar Sahib, the petitioner has been acquitted in FIR No.126 dated 17.06.2003. Further prayer has been made for directing the respondent Department to consider the petitioner’s candidature for further promotion to the post of Chief Engineer w.e.f. 30.04.2018 i.e. the date from which his juniors have been promoted to the said post.

2. Learned Senior Counsel for the petitioner has submitted that the petitioner was appointed as a Sub Divisional Officer/Engineer on 22.09.1982 and has referred to the Appointment Letter (Annexure P-1) to buttress the same. It is further submitted that while working as a Sub Divisional Officer, an FIR No.126