NARENDRA KAMBOJ Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner in the present Writ Petition has put a question to the impugned orders of 16/10/2020, and 3/9/2021, as it has been passed by respondent No. 4, i.e. Collector by virtue of which, the petitioner's claim for promotion on the post of Revenue Inspector, from the date when their juniors had been promoted, may be considered in terms of Claus 10 of the Government Order dtd. 13/5/2003, has been rejected by the impugned orders, based on the annual entries in the service records for five years from 2015-16 onwards.

(2.) Factually, the admitted position, which has emerged is, that it though may not be relevant at this stage of the Writ Petition to record any finding in relation thereto, that the petitioner is facing a Special Session Trial No. 10 of 2015, for his alleged involvement in the commission of offences under Ss. 7/13 (1) (d) to be read with Sec. 13 (2) of the Prevention of Corruption Act, 1988, which has been registered against the petitioner at P.S. Vigilance Sector, Dehradun, and is presently pending consideration before the Court of Special Judge Anti Corruption (Vigilance), Dehradun.

(3.) As a consequence of the pendency of the Session Trial for his alleged involvement in the Prevention of Corruption Act, despite of it, the petitioner's claim for promotion was required to be considered provided, he fell within the zone of consideration for promotion and satisfies eligibility as per the eligibility criteria provided under the Rules applicable, and also as per the ratio laid down in the judgement of the Hon'ble Apex Court as reported in AIR 1991 SC 2010, Union of India Vs. K.V. Jankiraman.