SHIV PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner is Junior Engineer (Civil) in the Irrigation Department of the State Government, who was eligible for promotion to the post of Assistant Engineer. His case was considered for such promotion. However, since there was a departmental inquiry pending against the petitioner, the Departmental Promotional Committee (hereinafter referred to DP.C.) vide its decision dated 11.2.2009 declared the results of other candidates, but the decision in the case of the petitioner was kept in a sealed cover.

(2.) The case of the petitioner is that though in the inquiry the petitioner has been exonerated of all the charges vide inquiry report dated 6.4.2009, regarding which office memorandum was issued and communicated to the petitioner on 16.4.2009, but still respondents did not open the decision kept in sealed cover with regard to the promotion of the petitioner despite repeated representations made by the petitioner. The petitioner has thus filed this writ petition with the prayer to open the sealed cover at an early date, and if the department has recommended the case of the petitioner for promotion, then petitioner be given notional promotion from the date his next juniors have been given promotion. Prayer has also been made for a direction to the respondents to pay arrears of salary alongwith interest and cost.

(3.) We have heard Sri Satish Chandra Mishra learned counsel appearing for the petitioner as well as Sri Pankaj Saxena, learned Standing Counsel appearing for the State respondent and Sri P.S. Baghel, learned Senior Counsel, assisted by Sri Gautam Baghel appearing for the UP. Public Service Commission, Allahabad and have perused the record. Pleadings have been exchanged and with the consent* of the learned counsel for the parties, this petition is disposed of finally at this stage.