AKHTARULLAH KHAN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner Sri Usman Siddiqui, learned Standing Counsel for State of U. P. and Dr. R. K. Srivastava, learned Counsel for U. P. Public Service Commission.

(2.) THE short question involved in this case is that according to the petitioner, his case is not being considered for promotion to the post of Assistant Engineer in the Irrigation Department. One the matter relating to the petitioner was pending in the Court of Special Judge, Bijnor, therefore, the recommendations were kept in a sealed cover. THE petitioner submits that the sealed cover has come before this Court and it be opened for the reason that he has been acquitted by Special Judge, Bijnor in way back in year 1988 and the authorities (respondents) have no right to keep his recommendation in sealed cover. Learned Counsel for the petitioner submits that his case is squarely covered by AIR 1991, p. 2010, Union of India and others v. K. V. Jankiraman and others.

(3.) IT has come in the light that the petitioner has already been acquitted in the criminal case. In the light of above, we direct the respondents and U. P. Public Service Commission to open the sealed cover containing recommendation of the petitioner with regard to the promotion of the petitioner to the post of Assistant Engineer within ten days from today and pass necessary orders.