Allahabad High Court
Pramod Kumar Shukla vs State Of U.P. Thru. Addl. Chief ... on 28 July, 2022
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 8
Case :- WRIT - A No. - 4704 of 2022
Petitioner :- Pramod Kumar Shukla
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Jail Administration And Reform Services, Lko. And 4 Others
Counsel for Petitioner :- Amrendra Nath Tripathi,Rajendra Kumar Dwivedi
Counsel for Respondent :- C.S.C.
Hon'ble Alok Mathur,J.
Heard Shri Amrendra Nath Tripathi, learned counsel for the petitioner and learned Standing Counsel on behalf of opposite parties no.1 to 3.
Considering the nature of relief sought, notice to respondents no.4 and 5 are dispensed with.
It has been submitted by the learned counsel for the petitioner that the petitioner is working on the post of Senior Superintendent of Prisons- Grade-II and is now eligible to be promoted on the post of DIG Prison. It is stated that petitioner was placed under suspension and subsequently served charge sheet on 17.01.2019 and disciplinary inquiry has ensued withholding of two increments with cumulative effect and censure entry by means of order dated 31.10.2019. The said order of punishment was assailed by the petitioner before U.P. Public Services Tribunal in Claim Petition No.36 of 2020 [Pramod Kumar Shukla vs. State of U.P. & Others] which was allowed vide order dated 15.12.2020 and the said punishment order dated 31.10.2019 was quashed.
In the meanwhile the DPC met to consider the eligible candidates for being promoted to the post of DIG Prison but considering the fact that the petitioner in the meanwhile has been subjected to a disciplinary proceedings and awarded punishment, his case was not considered and two persons junior to the petitioner were also promoted. Despite the Tribunal having quashed the punishment order, case of the petitioner was not considered by the DPC in the most illegal and arbitrary manner. Subsequently, order of Tribunal was assailed by the State Government before this Court in Writ petition no.3223 (Writ A) of 2022 and by means of judgment dated 25.5.2022 the said writ petition was dismissed and the order passed by the Tribunal was upheld.
Grievance raised by the petitioner in the present writ petition is that despite the said punishment having been set-aside by the Tribunal and order being upheld by this Court, respondents have not considered him for promotion to the post of DIG Prison despite the fact that his juniors have been considered and promoted to the said post.
At this stage, learned counsel for the petitioner submits that grievance of the petitioner would be substantially redressed if his case is duly considered for promotion to the post of DIG Prison by opposite party no.1 expeditiously keeping in view the aforesaid judicial pronouncements especially in view of the judgment of the Tribunal dated 15.02.2020 as well as order of this Court dated 25.5.2022.
Learned Standing Counsel on the other hand does not object to the aforesaid prayer made by the learned counsel for the petitioner.
In view of the aforesaid submissions advanced by the learned counsel for the parties, the present petition is disposed of with the direction to opposite party no.1 to consider and decide the representation of the petitioner dated 28.5.2022 and 22.7.2022 contained in Annexures ? 6 and 7 to the writ petition expeditiously, say within a period of six weeks by a reasoned and speaking order in accordance with law from the date a certified copy of this order is produced before him and communicate its decision to the petitioner.
Order Date :- 28.7.2022
mks
