Court No. - 38 Case :- WRIT - A No. - 37828 of 2010 Petitioner :- Pradeep Kumar Sharma Respondent :- State Of U.P. And Others Petitioner Counsel :- Vijay Gautam Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing
Counsel.
Petitioner, who was working as a Constable, appeared in the
ranker examination for the purposes of promotion on the post of
Sub Inspector, but his result was not declared due to the fact that
he was awarded an adverse entry and for a period of one year his
integrity was held to be doubtful. Petitioner filed an appeal. The
appeal filed by the petitioner was allowed by order dated
02.12.2006 and both the punishments awarded against him were
set aside. Petitioner claims that immediately after setting aside the
order of punishments, the result of the examination for promotion
on the post of Sub Inspector, in which the petitioner appeared and
proceeding was kept in a seal cover, was to be opened, but reasons
best known to the respondents, the same has not yet been opened
and result of the petitioner has yet not been declared. The
correspondence is being taken between the authorities concerned.
Petitioner has brought to the notice of this Court the letter send by
the Senior Superintendent of Police, Muzaffarnagar, to the
Inspector General of Police (Establishment), clearly stating the fact
that no inquiry is pending against the petitioner and punishment
awarded against him has already been set aside, therefore, suitable
decision may be taken immediately. Subsequently, a
correspondence has also taken between Additional Director
General of Police (Establishment) to Deputy Inspector General of
Police (Establishment), but uptil date nothing has been done and
the affect is that various junior persons to the petitioner have been
promoted to the post of Sub Inspector on the basis of examination
and result declared.
I have considered the submissions made on behalf of the parties
and perused the record. There is no dispute to this effect that the
punishments awarded against the petitioner have already been set
aside by the order dated 02.12.2006. About four years have already
been passed and due to the negligence on the part of the
respondent authorities by making correspondence between them,
the petitioner is being suffered. Legally the respondent No.3 is
bound to open the seal cover immediately after setting aside the
punishment against the petitioner and in case the petitioner became
successful, he should have been given benefit of promotion as well
as other financial benefits immediately from the date when the
junior persons to the petitioner have been given promotion. But,
the petitioner is running from pillar to post for a period of four
years and has not been provided the said benefit. Even the seal
cover has not been opened uptil date.
In such circumstances, I am of the opinion that this writ petition
can be disposed of finally directing the respondent No.2 to open
the seal cover of the petitioner’s examination in which the
petitioner appeared for promotion on the post of Sub Inspector
within a period of three weeks and in case the petitioner is
successful, he should immediately be promoted on the post of Sub
Inspector from the date when his junior persons have been given
promotion. The order of this Court be complied with within a
period of two months from the date of production of certified copy
of the order.
The writ petition is disposed of accordingly.
No order as to costs.
Order Date :- 2.7.2010
NS