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2008 Supreme(MP) 1317

ABHAY M.NAIK
R. P. Upadhyaya – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For petitioner:L. N. Namdeo, For respondent/State:Jaideep Singh, Government Advocate

ORDER : -

Facts of the writ petition are in a narrow compass that a Criminal Case punishable under section 161, Indian Penal Code read with section 5 of the Prevention of Corruption Act, 1947 was registered against the petitioner in the year 1984 when he was working as a Tahsildar in Distt. Rewa. After due sanction, the case was tried and the petitioner was ultimately acquitted by the Court of Special Judge, Rewa in Case No. 12/94 on 1-2-1997 (Annexure/P1). Acquittal attained finality for want appeal by the State Government. A Departmental Promotion Committee was convened on 27/28-10-1988 for considering the promotions on the post of Deputy Collector from the post of Tahsildar. Petitioner's case was kept in sealed cover due to pendency of the criminal case whereas certain Tahsildars junior to the petitioner were promoted on 28-8-1989. After acquittal in the criminal case, the petitioner made representation for his consideration for promotion which was ignored. He submitted O.A. No. 77/93 wherein the M. P. State Administrative Tribunal vide its order dated 23-3-1999 (Annexure/A2) directed the State Government to open the sealed cover and give effect to the recommendations of the D.P.





























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