NERLON L B ALBAQUERQUE S/O BALDWIN ALBAQUERQUE Vs. STATE OF GOA THROUGH ITS CHIEF SECRETARY HAVING ITS OFFICE AT SECRETARIAT

JUDGEMENT

(1.) By this petition, the petitioner has sought, inter alia, a declaration that he is entitled for promotion to the post of Police Inspector on ad hoc basis as recommended by the Departmental Promotion Committee in its meetings held on 18/3/2005, 27/6/2007 and 23/12/2009. There is no dispute that in the DPC meeting of 23/12/2009, the petitioner's case was kept in a sealed cover. It is not disputed that a sealed cover procedure is intended to defer the consideration of the officer's case till the officer is cleared of any charges or till the penalty period is over. In the present case, the penalty period came to an end on 30th June, 2011. During the pendency of this petition, and after the end of the penalty period, the respondent- State opened the sealed cover and the contents revealed that the petitioner was found fit for ad hoc promotion to the post of Police Inspector in the DPC meeting held on 23.12.2009.

(2.) In the circumstances of the case, we consider it appropriate to direct that the petitioner shall be granted promotion, on ad hoc basis, in accordance with the result of the DPC meeting held on 23/12/2009, with all consequential benefits - monetary and otherwise to which he may be entitled, in accordance with law, as if he was duly promoted with effect from 23.12.2009, on an ad hoc basis.

(3.) In view of the above, Mr. Dharmadhikari, learned Counsel for the petitioner does not press any other point.