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JASPREET SINGH
Ranbir Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Jaspreet Singh, J.
Heard Sri Anoop Trivedi, learned Senior Counsel along with Sri S.M.Faraz I. Kazmi. learned counsel for the petitioner as well as the learned Standing Counsel for the State-respondents.
2. By means of the instant petition, the petitioner prays for the following reliefs which read as under:-
3. The submission of learned Senior Counsel for the petitioner is that the petitioner joined the services of the State of Uttar Pradesh as Nayab Tehsildar in the year 1996.
4. Considering his service record, he was promoted as Tehsildar on 30.08.2013. The petitioner has rendered more than 22 years of service and has been an outstanding officer as reflected from his service records.
5. It has further been submitted that as per the prescribed procedure for promotion from the post of Tehsildar t
The mere pendency of a criminal case does not justify withholding promotion without formal charges, violating principles of natural justice and discrimination.
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....
Sealed cover procedure for promotion cannot apply unless formal charges exist. Officers suspended but not charged are entitled to promotion based on DPC's recommendations.
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 mere pendency of criminal proceedings does not justify denying promotion unless a Charge Sheet is filed or Articles of Charge are issued before the DPC Meeting.
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