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NEERAJ TIWARI
Umesh Pratap Singh – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard Sri Vijay Gautam, learned Senior Counsel assisted by Ms. Atipriya Gautam, learned counsel for petitioner and learned standing counsel for State-respondents.
2. Pleadings have been exchanged between the parties, with the consent of the parties, the instant writ petition is being finally decided at the admission stage.
By way of present petition, petitioner is seeking following reliefs:-
(iii) issue, a writ, order or direction, in the nature of mandamus, commanding the Respondent Authorities, to open the Seal Cover Envelop and promote the petitioner on the post of Dy.S.P. in pursuance of the Government Order No. 13/21/89-Ka-1-1997, dated 28/05/1997, & Government Order No. 1/2018-13(6)/2017/Ka-1-2018, dated 09/01/2018, with all consequential benefits.
(v) issue, a writ, order or direction, in the nature of mandamus, commanding the Respondent Authorities, to consider the claim of the petitioner for Ad-hoc promotion on the post of Dy.S.P., in pursuance of the Government Order No. 13/21/8
The central legal point established in the judgment is that the mere pendency of a criminal case cannot be a ground for denying promotion, and the subsequent service record of the petitioner should b....
Service Law - Non- implementation of order of promotion - Appointments of officers are subject to DAR/Vigilance/ Criminal case clearance by Railways - Officers should be advised that above officiatin....
The sealed cover procedure for promotions is valid when criminal proceedings are pending, and the court cannot intervene in ongoing criminal matters.
The mere pendency of a criminal case does not justify withholding promotion without formal charges, violating principles of natural justice and discrimination.
The sealed cover procedure for promotions cannot be applied if the employee is acquitted of criminal charges, allowing for due promotion and benefits.
Point of Law : Employee may not be awarded any punishment which is not prescribed under the Rules
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