Hon’ble Devendra Kumar Arora, J.—Heard learned counsel for the parties and perused the record.

2. By means of present writ petition, the petitioner has prayed for a writ in the nature of certiorari for quashing of letter dated 02.9.2009, contained in Annexure No. 1, issued by the Inspector General of Police (Establishment) Lucknow in pursuance of the same petitioner’s promotion on the post of Deputy Superintendent of Police (in ordinary grade) has been withheld. The petitioner also prays for a writ of mandamus commanding the opposite parties to promote the petitioner on the post of Deputy Superintendent of Police (in ordinary grade) of U.P. Police Service by giving effect to the recommendations of Departmental Promotion Committee/Public Service Commission, U.P., Allahabad w.e.f. the date next junior to the petitioner has been promoted with all consequential benefits.

3. Submission of learned counsel for the petitioner is that the petitioner was appointed as Sub-Inspector of Civil Police by direct recruitment on 28.2.1978 and subsequently was confirmed on the said post. The petitioner was promoted to the post of Inspector of Civil Police sometimes in the year 1992 and was later on confirmed on the post of Inspector.

4. Further submission of learned counsel for the petitioner is that the source of recruitment to the post of Deputy Superintendent of Police (in ordinary grade) of U.P. Police Service is by direct recruitment on the basis of result of competitive examination conducted by the U.P. Public Service Commission, Allahabad (here-in-after referred to as the Commission) and as well as by promotion of permanent Inspectors of Civil Police who have put in not less than two years’ service as Inspector of Civil Police. The criteria for promotion is merit. The petitioner’s name in the eligibility list of 2008-09 for promotion to the post of Deputy Superintendent of Police (in ordinary grade) of U.P. Police (Annexure No. 2) finds place at serial No. 76 and in seniority list his name is shown at serial No. 118. On 22.8.2009 Departmental Promotion Committee considered and approved the name of petitioner and other candidates for promotion to the post of Deputy Superintendent of Police (in ordinary grade) of U.P. Police Service. As a consequence thereof the Commission sent its recommendations to the State Government of U.P. for promotion of the petitioner. After receipt of recommendations the Inspector General of Police (Establishment) wrote the impugned letter dated 2.9.2009 (Annexure No. 1) to the Special Secretary, Home, Lucknow requesting the State Government of U.P. not to declare the result of the petitioner for promotion on the ground that a case has been registered against the petitioner at Police Station Panki, district Kanpur Nagar as case crime No. 195 of 1993 under Sections 342/218/120-B I.P.C. and Section 13 (1) D of Prevention of Corruption Act. The permission for prosecution has been received and charge-sheet No. 12 dated 28.8.2009 has been sent and on the basis thereof the State Government of U.P. withheld the promotion of the petitioner.

5. Learned counsel for the petitioner submitted that several persons placed in the similar circumstances and juniors to the petitioner whose names are mentioned in para 9 of the writ petition, figured from serial No. 120 to 422 in the seniority list selected alongwith the petitioner and have been promoted to the post of Deputy Superintendent of Police (in ordinary grade) of U.P. Police Service by State Government through notification dated 11.9.2009 whereas petitioner’s promotion has been withheld.

6. The further submission of the counsel for the petitioner is that the letter of Inspector General of Police (Establishment) mentions that a chargesheet has been sent on 18.8.2009 in the Court is absolutely false as the chart was forwarded by the Circle Officer on 2.9.2009 and filed in the Court on 4.9.2009 as is evident from certified copy of the chargesheet, as contained in Annexu