Jai Shankar Mishra vs State Of U.P. Thru. Addl Chief ...
2023 Latest Caselaw 26096 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:61649
 
Court No. - 20
 

 
Case :- WRIT - A No. - 7147 of 2023
 

 
Petitioner :- Jai Shankar Mishra
 
Respondent :- State Of U.P. Thru. Addl Chief Secy. Prin. Secy. Deptt. Home Lko. And 2 Others
 
Counsel for Petitioner :- Ashok Shukla,Rakesh Bajpai
 
Counsel for Respondent :- C.S.C.,Raj Kumar Upadhyaya (R.K.Upadhyaya)
 

 
Hon'ble Manish Mathur,J.

1. Heard Mr. Rakesh Bajpai learned counsel holding brief on behalf of Mr. Ashok Shukla learned counsel for petitioner, learned State Counsel appearing on behalf of opposite parties 1 and 2 and Mr. R.K. Upadhyaya learned counsel for opposite party No.3.

2. Petition has been filed seeking a direction to the opposite parties to treat Punishment Order dated 30.12.2020 pertaining to the year 2017 for that very year only and not to treat it for purposes of promotion of petitioner to be considered in the year 2020.

3. It has been submitted that a minor punishment order dated 30.12.2020 was awarded to petitioner although the same pertained to the incident relating to 2017 and therefore the said punishment is required to be treated as a punishment for the year 2017 and not for the year 2020 particularly since petitioner is coming within the zone of eligibility for consideration for promotion on the post of Deputy Superintendent of Police.

4. Learned counsel has placed reliance on a Division Bench judgment of this Court passed in the case of State of U.P. and another v. Pramod Kumar Tewari and another, Writ A No. 1766 of 2023 to submit that such an entry although passed in the year 2021 is required to relate back to the year of incident in 2009 and therefore should be ignored for the purposes of promotion of petitioner in the year 2021.

5. For the aforesaid grievance, the petitioner has already submitted a representation but seeks liberty to file a fresh representation particularly since the departmental promotion committee has already met on 9th August, 2023.

6. Mr. R.K. Upadhyaya learned counsel for opposite party No.3 on the basis of instructions admits that departmental promotion committee was held on 9th August, 2023.

7. Considering innocuous prayer being made by learned counsel for petitioner and without entering into the merits of the case, opposite party No. 3 i.e. Secretary, Uttar Pradesh Public Service Commission, Prayagraj is directed to consider candidature of petitioner for promotion on the post of Deputy Superintendent of Police by holding Review Departmental Promotion Committee granting benefit in the judgment referred to herein above in case said judgment is applicable upon the petitioner and in case petitioner is otherwise eligible.

8. With the aforesaid observations, the writ petition stands disposed of.

Order Date :- 25.9.2023

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