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RAJEEV MISRA
Neeraj Kumar Pandey – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Rajeev Misra, J.
On the matter being taken the learned Standing Counsel representing respondents submits that he has received instructions in the matter. Copy of same has been placed before Court and the same is taken on record.
2. Heard Mr. Vijay Gautam, the learned Senior Counsel assisted by Mr. Devesh Mishra, the learned counsel for petitioner and the learned Standing Counsel representing State-respondents.
3. Neeraj Kumar Pandey the writ petitioner has approached this Court for a writ of mandamus commanding the respondents to ''open the Seal Cover Envelop and promote the petitioner on the post of Head Constable, on the date from which the juniors to the petitioner have been granted promotion, in pursuance of the Government Order No. 13/21/89 -Ka-1-1997, dated 28.5.1997 & Government Order No. 1/2008-13 (6)/2017/Ka-1-2018, dated 9.1.2018, which has been issued under the directions of Hon'ble Supreme Court in case of Union of India v. K.V. Janki Raman, AIR 1991 SC 2010, with all consequential benefits''. Petitioner has also prayed for a writ of mandamus commanding respondents ''to consider the claim of the petitioner for promotion on the post of Head Constable, from the dat
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....
The sealed cover procedure for promotions is valid when criminal proceedings are pending, and the court cannot intervene in ongoing criminal matters.
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 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.
Denial of promotion based on mere inquiry without formal charges is arbitrary and violates the right to be considered for promotion under Article 16(1).
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