Shri Krishna vs State Of U.P. Thru. Prin. Secy. ...
2021 Latest Caselaw 8324 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 

 
Case :- SERVICE SINGLE No. - 15128 of 2021
 

 
Petitioner :- Shri Krishna
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. & Ors.
 
Counsel for Petitioner :- Rajendra Prasad Shukla,Pallavi Dubey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Irshad Ali,J.

Heard Sri R.P. Shukla, learned counsel for the petitioner and Sri Alok Sharma, learned Additional Chief Standing Counsel for the State-respondent.

Learned counsel for the petitioner submits that the petitioner was granted appointment on the post of Scientific Assistant on 7.2.1998. As per the rules, the proceeding for making promotion was initiated by the respondents, wherein, the claim of the petitioner was considered and was kept in a sealed cover due to pendency of criminal case against him. Next submission is that the petitioner has been acquitted in the criminal case vide judgment and order dated 27.3.2019. After acquittal in the criminal case, the petitioner moved an application on 2.12.2019 before the respondent No.1 for opening the sealed cover proceeding of promotion of the petitioner by enclosing the copy of the judgment, whereby the petitioner has been acquitted in the criminal case. He submits that no action whatsoever has been taken on the application of the petitioner and the claim setup by the petitioner is lying pending consideration before the respondent No.1.

He submits that no disciplinary proceeding on the basis of lodging of criminal case was initiated against the petitioner. He submits that in case direction is issued to consider the claim and pass appropriate order in a time bound manner, justice would be met.

On the other hand, learned Additional Chief Standing Counsel submits that in case the claim of the petitioner is lying pending consideration after acquittal in the criminal case, the same shall be considered and appropriate order shall be passed within a reasonable period in regard to the sealed cover proceeding.

In view of the submission advanced, no useful purpose will be served in keeping the writ petition pending.

Accordingly, the writ petition is finally disposed of with the liberty to the petitioner to file a fresh comprehensive representation ventilating all his grievances before the respondent No.1 within ten days from the date of receipt of this order.

In case such a representation is filed within the aforesaid period, the respondent No.1 shall consider and pass appropriate reasoned speaking order after affording an opportunity of hearing to the petitioner within a further period of six weeks from the date of production of certified copy of this order.

Order Date :- 20.7.2021

Gautam