Hemant Kumar Rai vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 25639 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:60333
 
Court No. - 20
 

 
Case :- WRIT - A No. - 6902 of 2023
 

 
Petitioner :- Hemant Kumar Rai
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Tax And Registration Deptt. Lko. And Another
 
Counsel for Petitioner :- Ajey Shanker Tewari,Anuj Singh,Ishaan Tewari
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

1. Heard learned counsel for petitioner and learned State Counsel for opposite parties.

2. Petition has been filed challenging charge sheet dated 30.05.2018 as well as supplementary charge sheet dated 05.03.2021. Further prayer has been made seeking a direction to opposite parties to consider petitioner for ad hoc promotion on the post of Deputy Commissioner in the next departmental promotion committee, ignoring pending departmental proceedings.

3. Learned counsel for petitioner submits that due to pendency of enquiry proceedings against petitioner for the past five years, he is not being considered for promotion on the next higher post. He has placed reliance on judgment rendered by Hon'ble the Supreme Court in Union of India & others v. Janaki Raman and others reported in AIR 1991 SC 2010 as well as Government Order dated 28.05.1997. It is submitted that paragraph 10 of aforesaid Government Order clearly provides for ad hoc promotion to an alleged delinquent employee in case of pendency of departmental proceedings for a long time.

4. Considering submissions advanced by learned counsel for petitioner, it is evident that his claim for promotion is being delayed on account of pendency of enquiry proceedings for the past five years. It has been submitted by learned counsel that delay in conclusion of departmental proceedings is not on account of petitioner who has already submitted his reply and is cooperating in enquiry proceedings.

5. In view of aforesaid, opposite parties are directed to conclude the enquiry proceedings instituted against petitioner by means of charge sheet dated 30.05.2018 as well as supplementary charge sheet dated 05.03.2021 expeditiously within a period of three months from date a certified copy of this order is produced before concerned authority. The aforesaid time frame shall naturally be subject to cooperation by petitioner in enquiry proceedings.

6. In the meantime, opposite parties shall also consider petitioner's case for ad hoc promotion in view of aforesaid judgment in Union of India & others v. Janaki Raman(supra) as well as Government Order dated 28.05.1997.

7. With aforesaid observations and directions, the petition is finally disposed of.

Order Date :- 20.9.2023

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