Mohd. Saqib Nabi vs Union Of India And Others
2017 Latest Caselaw 7159 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

 Reserved On  3.11.2017
 
                                                            Delivered on 20.11.2017
 
Court No. - 35
 

 
Case :- WRIT - A No. - 9266 of 2008
 

 
Petitioner :- Mohd. Saqib Nabi
 
Respondent :- Union Of India And Others
 
Counsel for Petitioner :- Siddharth Khare,Ashok Khare,S.K. Khare
 
Counsel for Respondent :- A.S.G.I.,A.K. Nigam,Akhilesh Kumar Misra,Himkanya Srivastava,S.C.
 

 
Hon'ble Bharati Sapru,J.

Hon'ble Siddharth,J.

(Delivered by Hon. Siddharth, J.)

Heard learned counsel for the parties.

The above noted writ petition is directed against the order dated 18.4.2007 passed by the Assistant Inspector General (Personnel) and also order dated 25.9.2007 passed by Deputy Inspector General(Personnel), CIFS New Delhi, by which they have turned down the request of the petitioner for promotion to the post of Senior Commandant (CIFS).

By the aforesaid orders petitioner was denied promotion on account of initiation of departmental proceedings against him. The respondents have filed supplementary counter affidavit bringing on record the punishment order dated 13.10.2008 passed against the petitioner after conclusion of disciplinary inquiry.

By the aforesaid order he was punished "withholding of one increment of pay for one year without cumulative effect".

The aforesaid order was subject to challenge before this court by means of Writ Petition No.697 of 2009 which has been dismissed today upholding the punishment awarded to the petitioner .

In view of the fact that only objection to consideration of the petitioner for promotion was pendency of the disciplinary inquiry which has come to an end during the pendency of the writ petition, the punishment order having been finally upheld in the writ petition no. 697 of 2009, petitioner is now at liberty to approach the respondent concerned for his notional promotion to the higher post and for opening the sealed cover.If the petitioner makes his claim before the competent authority within one month, the same shall be considered and decided within next one moth, thereafter.

With the aforesaid observations, the writ petition is disposed of.

Order Date :- 20.11.2017

Atul kr. sri.