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:-

"(i) Issue a writ, order or direction in the nature of Mandamus directing the respondents to grant promotion to the petitioner to the post of Deputy Collector w.e.f. 23.08.2018, to which the officers junior to petitioner were promoted.

(ii) Issue a writ, order or direction in the nature of Mandamus directing the respondents to grant him all consequential benefits admissible to him."

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 to the post of Deputy Collector, a report is prepared and sent by the Board of Revenue to the Appointments and Personnel Department, Government of U.P. which in turn forwards the same to the State Public Service Commission and thereafter the proposal is placed before the Departmental Promotion Committee constituted by the Public Service Commission. The recommendations of the Departmental Promotional Committee and the Public Service Commission culminate in the promotion orders as issued by the Department concerned.

6. It is urged that in the instant case, meeting of Departmental Promotion Committee to consider the promotion of Tehsildars to Deputy Collector was held on 02.08.2018 and 03.08.2018 at the level of Public Service Commission. The petitioner was eligible at the relevant time for being considered for promotion to the post of Deputy Collector and accordingly the name of the petitioner was also in the list at Serial No. 120 which was part of the proposal.

7. On 23.08.2018, the recommendation made by the DPC and the Public Service Commission released the list of Tehsildars promoted to the post of Deputy Collector, however, shocking to the petitioner, his name did not find place in the said list. Upon making inquiries, it was informed that the petitioner's case has been withheld and has been put in a sealed cover as the petitioner was suspended on 01.08.2018 i.e. the date before the meeting of the DPC, although, no charge sheet against the petitioner on the date of the meeting of the DPC was served.

8. It has further been submitted that on the basis of a frivolous complaint, the petitioner had been placed under suspension in respect of same allegations made to the Chairman of Yamuna Expressway Industrial Development Authority in respect of certain purchase of 57.149 hectares of land for the development by the Authority in District Mathura.

9. It has further been submitted that though the petitioner was suspended but the departmental chargesheet was served on the petitioner only on 15.03.2021 i.e. after more than 2 and half years and that too in compliance of the order dated 06.08.2021 passed by this Court in Writ-A No. 1396 of 2021. It is also pointed out that in respect of same allegations for which the departmental charge sheet was issued, criminal proceedings were also initiated on 25.09.2019 in the Court