LAWS(ALL)-2006-5-58

STATE OF U P Vs. JAGDISH SINGH PATNI

Decided On May 18, 2006
STATE OF UTTAR PRADESH Appellant
V/S
JAGDISH SINGH PATNI Respondents

JUDGEMENT

(1.) PRADEEP Kant, Dharam Vir Sharma, J. Heard the learned Counsel for the petitioner-State. Sri Mukund Tiwari and Sri Ramesh Pandey for the private respondent.

(2.) THE State has filed this petition challenging the order dated 13-8-2003 by means of which the claim petition of the respondent has been allowed by issuing a direction to the opposite party in the claim petition, namely the petitioners, to consider the case of the respondent for selection for 1997 course for Reserve Inspector on the basis of the recommendation sent by the DIG, Bareilly range, to DIG Establishment, PHQ, Allahabad dated 12-3-1999. THE opposite parties in the claim petition, namely, the petitioners were also directed to provide all consequential benefits as the course mates of the respondent have got regarding pecuniary and service benefits if he is found fit for selection to the training course 1997 for Reserve Inspector and he will also be assigned the seniority of training course 1997 for Reserve Inspector.

(3.) THE plea of the State that since an enquiry was pending against the respondent, therefore, his name could not have been sent for consideration for promotion as Reserve Inspector Course in the year 1997, has been answered by the Tribunal, after perusing the notification dated 20-8-1997, which says in case of any person against whom an enquiry is pending, his nomination papers will not be withheld, meaning thereby that mere pendency of enquiry would not deprive the person concerned from getting his name forwarded for consideration. That being so, withholding of the name of the respondent from being sent for consideration for promotion in the year 1997, was without any authority and power.