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Gujarat High Court
Nasirali Kifayatali Pathan S/O ... vs Union Of India on 16 April, 2026
NEUTRAL CITATION
C/SCA/16430/2021 ORDER DATED: 16/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16430 of 2021
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NASIRALI KIFAYATALI PATHAN S/O KIFAYATALI PATHAN
Versus
UNION OF INDIA & ANR.
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Appearance:
SUNITA S CHATURVEDI(2572) for the Petitioner(s) No. 1
MR RAHUL PATEL for MS ARCHANA U AMIN(2462) for the Respondent(s)
No. 1,2
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 16/04/2026
ORAL ORDER
1. This Court vide its order dated 09.04.2026 passed
the following order:
"[1] When the matter was taken up for hearing, Ms.
Sunita S. Chaturvedi, learned advocate for the
petitioner would draw the attention of this Court
that during the pendency of this petition, the
petitioner is acquitted by the competent Trial Court
on 31.01.2026 in criminal case being Sessions Case
Nos.153 and 154 of 2019.
[2] Ms. Sunita Chaturvedi, learned advocate would
submit that the candidature of the petitioner is put
in a sealed cover as he was facing criminal trial. It
is submitted that, once the petitioner is acquitted
from the criminal trial, the respondents require to
open the sealed cover and to grant promotion, as
prayed in this petition.
[3] Ms. Archana U. Amin, learned advocate for
respondents is absent.
[4] It is hereby directed to the respondents to bring
sealed cover on the next date of hearing, before
this Court and / or it may be opened by the
NEUTRAL CITATION
C/SCA/16430/2021 ORDER DATED: 16/04/2026
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competent authority of the respondents, in view of
the subsequent development which has been
recorded hereinabove, and place on record before
this Court the decision of the DPC.
[5] To grant one more opportunity to the
respondents, S. O. to 16th April, 2026. List on top of
the board.
[6] It is open for the petitioner to communicate this
order to the respondent - authority."
2. Pursuance to the aforesaid order passed by this
Court, today, when the matter was taken up for hearing,
Mr. Rahul Patel, learned advocate appearing on behalf of
Ms. Archana U Amin, learned advocate for the
respondents tendered a communication dated 15.04.2026
issued by the office of IG cum PCSC/RPF, Churchgate,
Mumbai which is taken on record.
3. As per the aforesaid communication, upon opening
the seal cover as ordered by this Court, the petitioner is
found eligible for promotion and it appears that he is
entitled for notional benefits as per the rules.
4. In view of the aforesaid, since the petitioner is found
eligible to be promoted, the respondent No. 2 is hereby
directed to issue necessary order granting the promotion
to the petitioner by speaking order. Such order shall be
passed by respondent No. 2 on or before 15.05.2026.
5. Thus, in view of the aforesaid development which
has taken place during the pendency of this petition,
nothing further requires to be adjudicated in this petition
NEUTRAL CITATION
C/SCA/16430/2021 ORDER DATED: 16/04/2026
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except the prayer 'C' made by the petitioner in paragraph
18 of this petition.
6. According to my view, upon acquittal of the
petitioner from Criminal case, an appropriate decision
shall be taken by respondents upon petitioner's
representation dated 22.10.2017 in accordance with law.
The said representation of the petitioner and any other
representation which the petitioner desires to file, shall
be decided by the respondents - authority on or before
31.05.2026.
7. If the petitioner requests for personal hearing, the
same shall be granted by respondent authority before
deciding the said representations.
8. In view of the aforesaid, the present petition is
disposed of. Notice is discharged. No order as to costs.
(MAULIK J.SHELAT,J)
SYED SHAHANAZ
