Mahaveer Prasad Soni vs The State Of Rajasthan
2021 Latest Caselaw 2621 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9502/2020

Mahaveer Prasad Soni S/o Shri Kashi Ram Soni, Aged About 59 Years, R/o 96, Mahadev Nagar, Mahamandir, District Jodhpur, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Co-

Operative Department, Government Of Rajasthan, Jaipur.

2. The Joint Secretary, To The Government, Department Of Co-Operative, Government Of Rajasthan, Jaipur.

3. The Registrar, Co-Operative Societies, Rajasthan.

                                                                     ----Respondents


For Petitioner(s)             :     Mr. D.S. Sodha
For Respondent(s)             :     Mr. M.S. Rathore



             HON'BLE MR. JUSTICE ARUN BHANSALI

                                         Order

01/02/2021

This writ petition has been filed by the petitioner seeking

direction to the respondents to open the sealed envelope

pertaining to the recommendations made by the DPC on

22.01.2013 for the year 2012-13 and seeking promotion on the

post of Joint Registrar.

It is inter alia indicated in the writ petition that the petitioner

was working on the post of Deputy Registrar and was considered

for promotion to the post of Joint Registrar by the DPC held on

22.01.2013. On account of pendency of a criminal case, the

recommendation in relation to petitioner's promotion, was placed

in a sealed envelope.

(2 of 3) [CW-9502/2020]

It is submitted that on 23.01.2020, the petitioner was

acquitted by the criminal court, however, despite the acquittal, the

sealed envelope has not been opened and consequential effect has

not been given qua petitioner's recommendation.

Learned counsel appearing for the respondent submitted that

though the petitioner was acquitted on 23.01.2020 in the criminal

case, which was initiated in the year 2002, before the

recommendations of the DPC held on 22.01.2013, were acted

upon i.e. on 31.01.2013, prior to that on 28.01.2013 again a FIR

was lodged on the petitioner being caught red handed and a

memorandum of charges had been issued to him on 01.08.2019

and on that account, the recommendation of the DPC placed in the

sealed cover on 22.01.2013, had not been opened.

Learned counsel for the petitioner with reference to

judgments in Uma Shanker Kiradu v. State & Ors. : S.B. Civil Writ

Petition No.926/2011, decided on 11.01.2012 and Duli Chand

Gurjar v. Nuclear Power Corporation of India Ltd. : S.B. Civil Writ

Petition No.5194/2012, decided on 06.01.2015, made submissions

that the relevant date for the purpose of acting on the

recommendation placed in sealed envelope, is the date, on which,

the DPC meet and consider the case of the petitioner, any

subsequent event cannot alter the recommendation and,

therefore, the respondents be directed to open the

recommendation placed in sealed cover and give effect to the

same.

I have considered the submissions made by learned counsel

for the parties and have perused the material available on record.

The facts are not in dispute that on 22.01.2013 when the

DPC met, the recommendation made by it qua the petitioner, was

(3 of 3) [CW-9502/2020]

placed in a sealed cover on account of pending criminal case on

that day. Admittedly, in the pending criminal case, which was

considered by the DPC for placing the recommendation in sealed

cover, the petitioner has been acquitted on 23.01.2020 and,

therefore, the recommendation as made by the DPC need to be

opened and acted upon.

So far as the contentions raised by the respondents based on

a subsequent event, whereby, the petitioner was allegedly caught

red handed and a charge sheet had been issued to him on

01.08.2019, the said event as laid down in the case of Uma

Shanker Kiradu (supra) and Duli Chand Gurjar (supra), cannot

have any effect on the recommendation as made on 22.01.2013.

In view of the above, the writ petition filed by the petitioner

is allowed. The respondents are directed to open the

recommendation made by the DPC qua the petitioner and placed

in sealed cover on 22.01.2013 and give effect to the same.

Needful may be done by the respondents within a period of 4

weeks.

(ARUN BHANSALI),J 17-Sachin/-

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