Sukhpal Singh vs State Of U.P. And 4 Others
2022 Latest Caselaw 15918 ALL

Citation : 2022 Latest Caselaw 15918 ALL
Judgement Date : 3 November, 2022

Allahabad High Court

Sukhpal Singh vs State Of U.P. And 4 Others on 3 November, 2022

Bench: Pankaj Bhatia




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 16572 of 2022
 

 
Petitioner :- Sukhpal Singh
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Nisheeth Yadav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

Heard the counsel for the petitioner and the learned Standing Counsel.

The present petition has been filed stating that the DPC while deciding the promotion kept the case of the petitioner under sealed cover in view of the pendency of a criminal case against the petitioner.

It is argued that in the criminal case, the petitioner was allegedly implicated, no charge-sheet has been filed. He also argued that the said first information report was lodged sometimes in the year 1996.

In sum and substance the argument of the counsel for the petitioner is that the seal cover procedure could not be adopted in the case of the petitioner. Even otherwise, in any event the sealed cover procedure shall not be adopted for indefinite period.

He places reliance on the judgment of this Court in Writ-A No.8151 of 2022 (Neeraj Kumar Pandey vs. State of U.P.) decided on 26.05.2022 wherein the similar issue was considered.

Considering the arguments of the petitioner that no charge-sheet has been filed in the case registered against the petitioner since 1996, it is clear that the case of the petitioner could not be kept indefinitely under sealed cover and ought to have been considered by the DPC, which has not been done.

Accordingly, the writ petition is disposed off directing the respondents to consider the case of the petitioner afresh. In the event no charge-sheet has been filed against the petitioner in the case instituted against him in the year 1996 or any other case, the respondents shall take a decision afresh in the case of the petitioner in accordance with law laid down by this Court in the case of Neeraj Kumar Pandey (supra) with all expedition preferably within a period of six weeks. Needless to say that in case the petitioner is promoted, he would be entitled to all the benefits.

The writ petition stands disposed off.

Order Date :- 3.11.2022

VNP/-