STATE OF U.P. Vs. KAMLESH CHANDRA

JUDGEMENT

(1.) This Full Bench has been formed in furtherance of a referral order passed by a Division Bench which is dealing with a Special Appeal under Chapter VIII, Rule 5 of the Allahabad High Court Rules, 1952 assailing the judgment and order dtd. 1/7/2021 passed by an Honble Single Judge whereby the Writ Petition No.11560 (S/S) of 2021 filed by the respondent - petitioner (who will hereinafter be referred to as the respondent) has been allowed and a direction has been issued to the State-appellants to proceed on the basis of the recommendations of the Departmental Promotion Committee (which will hereinafter be referred to as DPC) dtd. 1/10/2020 made in favour of the respondent at par with the other candidates, who have been granted promotion by means of the order dtd. 21/6/2021.

(2.) The aforesaid Writ Petition was filed by the respondent against the action of the State-appellants whereby he was denied promotion on the basis of the provisions contained in paragraph 11 of the Office Memorandum (which will hereinafter be referred to as O.M.) dtd. 28/5/1997 issued by the State Government, which contains provisions for keeping the recommendations of the Departmental Promotion Committee (hereinafter referred to as DPC) in a sealed cover, in certain circumstances.

(3.) A meeting of the DPC for considering promotion to the post of Additional Commissioner (Grade-II) was held on 1/10/2010 in which the case of the respondent was also considered. However, before the recommendation of the DPC could be given effect to, on 22/12/2020 a departmental enquiry was instituted against the respondent, pursuant to which a charge-sheet was issued on 23/4/2021. Promotion orders in respect of other candidates were issued on 21/6/2021 but the recommendations made by the DPC in respect of the respondent were kept in a sealed cover on the ground of institution of departmental proceedings and issuance of charge-sheet against him on 22/12/2020 and 23/4/2021 respectively.