Pramod Kumar Tiwari vs State Of U.P. Thru Prin.Secy. Lok ...
2019 Latest Caselaw 3671 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 23
 

 
Case :- SERVICE SINGLE No. - 12186 of 2019
 

 
Petitioner :- Pramod Kumar Tiwari
 
Respondent :- State Of U.P. Thru Prin.Secy. Lok Nirman Vibhag Lko. & Ors.
 
Counsel for Petitioner :- Anand Mani Tripathi
 
Counsel for Respondent :- C.S.C.,Ashok Shukla
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri A.M. Tripathi, learned counsel for the petitioner.

Notices on behalf of opposite party Nos.1 and 2 have been accepted by the office of the learned Chief Standing Counsel, while notice on behalf of opposite party No.3 has been accepted by Sri Ashok Shukla, Advocate.

By means of this writ petition, the petitioner has assailed inaction of the opposite parties, whereby the candidature of the petitioner has not been considered for promotion on the post of Assistant Engineer.

The submission of learned counsel for the petitioner is that the petitioner was awarded one punishment on 17.02.2017 and another on 25.01.2018, which were stayed by this Court vide order dated 20.02.2018 passed in Writ Petition No.5270 (S/S) of 2018; Pramod Kumar Tiwari vs. State of U.P. & others.

Sri Tripathi has further submitted that there was one more punishment against the petitioner dated 27.11.2013, against which, the petitioner has filed a statutory appeal.

However, Sri Tripahi, learned counsel for the petitioner has submitted that when the D.P.C. was convened, the appeal of the petitioner against the punishment order dated 27.11.2013 was pending but after the meeting of D.P.C. the said appeal of the petitioner has been partly allowed.

The submission of learned counsel for the petitioner is that even if the appeal was pending, the minor punishment for the year 2013 may not create any hindrance in promotion of the petitioner, for which, the Departmental Promotion Committee (here-in-after referred to as the "D.P.C.") met in the year 2019 after six years. As per settled position, the minor punishment looses its efficacy after five years.

The learned Additional Chief Standing Counsel prays for and is granted a week's time to seek complete instructions in the matter.

List this petition on 07.05.2019 as fresh.

While obtaining instructions, the learned Additional Chief Standing Counsel shall seek specific instructions to the effect that since this Court has stayed punishment orders of the petitioner dated 17.02.2017 and 25.01.2018 and the other punishment order is of the year 2013 and the appeal was pending against the said punishment order at the time of consideration so as to why the candidature of the petitioner in the year 2017 has not been considered while making promotion on the post of Assistant Engineer.

Order Date :- 29.4.2019

Suresh/

[Rajesh Singh Chauhan,J.]