STATE OF UTTARAKHAND Vs. RAKESH MITTAL

JUDGEMENT

(1.) The writ petition is utterly frivolous. The same is dismissed with exemplary cost of Rs. 50,000/-. The State Government is directed to pay the cost of Rs. 50,000/- to the High Court State Legal Services Authority before 1st March, 2011. It shall be open to the State Government to recover the cost from the person or persons, who advised the State Government to prefer this writ petition.

(2.) The Departmental Promotion Committee, consisting of Dr. R.S. Tolia, Chief Secretary to the State of Uttarakhand; Sri M. Ramachandran, Addl. Chief Secretary to the State of Uttarakhand; and Sri S.K. Das, Principal Secretary, Home, State of Uttarakhand, considered the case of two candidates, who came within the zone of consideration for being promoted to the post of Director General of Police. After having had considered the service record and annual confidential entries of Respondent No. 1, they noticed that an inquiry is pending against Respondent No. 1 in respect of Police Sub-Inspectors' recruitment. The Departmental Promotion Committee, thereafter, recorded in their Minutes, as stand translated into English, as follows:

(3.) Accordingly, the case of promotion of Respondent No. 1 was not considered by the said Departmental Promotion Committee only because an inquiry was then pending against Respondent No. 1.