RADHEY SHYAM & ANOTHER Vs. STATE OF UP

JUDGEMENT

(1.) Heard Mr. Anand Mani Tripathi, learned Counsel for the petitioners, learned Standing Counsel for the opposite party No.1 and Mr. Ashok Kumar Verma, learned Counsel for the respondents No. 2 and 3.

(2.) Petitioners have approached this Court under Article 226 of the Constitution of India for a direction to the respondents to extend the benefit of promotion to next higher post i.e. Environment Engineer and Assistant Environment Engineer respectively by giving effect to the recommendation of Departmental Promotion Committee which met on 09.1.2017 by jointly considering their cases along with others and also by opening their sealed cover and also pass suitable orders with respect to their promotions forthwith.

(3.) The facts and circumstances giving rise to the present writ petition are as under : In respect of the brick kiln with the name and style as M/s KNS Brick Field situated at Village Sobaibandh, District Ballia, a dispute was earlier raised through PIL as well as by proprietor of the brick kiln. While hearing Civil Misc. Writ Petition No. 19652 of 2003, an order dated 11.8.2005 was passed by this Court, whereby the Chairman of the Central Pollution Control Board, was directed to appoint a High Power Committee to hold an inquiry into matter and in case anyone is prima facie found guilty, the Chairman, Uttar Pradesh Pollution Control Board, was directed to initiate disciplinary proceedings. Subsequently, vide order dated 22.2.2008, this Court directed the State Government to ensure appointment of an independent Inquiry Officer.