OMPRAKASH SINGH NARWARIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) The instant intra-court appeal filed u/S 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, assails the final order passed on 10.12.2019 in WP.7320/2016 by the learned Single Judge while exercising writ jurisdiction u/Art.226 of the Constitution dismissing the petition in question by which challenge was made to Annexure P-1, an order rejecting representation of petitioner preferred against the decision to adopt sealed cover procedure by DPC dated 27.02.2016 on account of petitioner having been issued charge-sheet on 08.02.2016 i.e. prior to holding of the said DPC but subsequent to 01.01.2015 which was the eligibility date for consideration by the said DPC.

(2.) Learned counsel for the rival parties are heard on the question of admission.

(3.) Learned Single Judge by relying upon the decisions of Apex Court in the case of "Union of India and others Vs. K.V. Jankiraman and others, 1991 4 SCC 109 and Union of India and others Vs. Dr. Sudha Salhan (Smt), 1998 3 SCC 394" dismissed the petition in question by holding that for the purpose of adoption of sealed cover the crucial date is the date when consideration for promotion takes place and not any other prior date.