Authorities must verify facts before cancelling promotions; misrepresentation must be proven, not presumed.

JUDGMENT :

(Ajit Kumar, J.)

Heard Sri Vijay Gautam, learned Senior Advocate assisted by Sri Vinod Kumar Mishra, learned counsel for the petitioner, learned Standing Counsel for the State respondents as well as Sri B.N. Mishra, learned counsel appearing for the U.P. Public Service Commission.

2. Petitioner before this Court is aggrieved by the order dated 11th June, 2024, whereby petitioner's promotion on the post of Deputy Superintendent of Police has been recalled by cancelling the recommendation made earlier by the Selection Committee on 27th March, 2024 and thus, even though petitioner has been discharging duties of Deputy Superintendent of Police, she came to be reverted back to the position of Inspector in the civil police.

3. After hearing the arguments advanced by learned Senior Advocate on the point that petitioner came to be promoted under the relevant Government order for the delayed proceedings of a criminal case for which petitioner was not responsible in any manner as her claim for promotion was placed in a sealed cover in the year 2022 and consideration was accorded afresh to the claim of the petitioner pursuant to the Government order dated 28th May, 1997 under the order of this Court and so respondents were not justified and the respondents were directed to obtain instructions in the matter.

4. Learned Standing Counsel has placed instructions before the Court. As per the instructions only reasons assigned for cancelling the selection of petitioner on promotional post is her wrong statement as to status of pending criminal case made in the affidavit furnished by her on 12th June, 2023. It is alleged that petitioner was to disclose the correct status of the pending criminal cases but she wrongly stated to have been discharged in a criminal case in connection with Section 7/13 of the Prevention of Corruption Act, 1988 whereas in respect of Sections 409 and 411 of I.P.C, she referred to some interim order passed by the High Court. According to learned Standing Counsel, against the order of discharge in connection with Section 7 and 13 of the Prevention of Corruption Act, 1988, the State had filed revision petition before this Court in which the order of discharge has been stayed and so criminal case under all Sections were going on.

5. It is upon this above wrongful statement of facts that action was taken to cancel the promotion of the petitioner and the recommendation was sought from U.P. Public Service Commission accordingly.

6. Sri B.N. Mishra, learned Counsel appearing for the U.P. Public Service Commission has also placed instruction, which is taken on record.

7. Sri B.N. Mishra submits that in view of the stand taken by the State Government that Selection Committee of the U.P. Public Service Commission in its meeting held on 27th March, 2024 decided to reserve the vacancy in question as per the sealed cover procedure. Thus, Mr. Mishra could not dispute that vacancy was there and, therefore, petitioner would have opportunity to be promoted as and when criminal case is over.

8. Meeting the objections raised in the instructions and arguments advanced by learned Standing Counsel, Mr. Vijay Gautam, learned Senior Advocate has argued that there was in fact no concealment of fact. He submitted that there is only one charge-sheet submitted by the police taking Section 7 and 13 of Prevention of Corruption Act, 1988 and under Section 409 and 411 of I.P.C. The charges were to be framed in respect of the Sections in which charge-sheet was filed and petitioner had been discharged admittedly by the Court under Section 7 and 13 of the Prevention of Corruption Act, 1988. He submits that it is against this order of discharge a revision has been filed by the State in which there is an interim order of stay operating against the order of discharge. He submits that while the statements seem to have not been happily worded in the affidavit but the fact remains that there is an interim order passed by this Court and that too is only in r