PARMA RAM Vs. STATE OF H P

JUDGEMENT

(1.) HEARD. Allowed. The legal representatives of the original petitioner, as mentioned in the application, are ordered to be brought on record. The Registry is directed to carry out necessary correction in the memo of parties. The application stands disposed of. Original petitioner Parma Ram (now deceased) was appointed as Junior Assistant in the respondent Department on 13.8.1976. He was confirmed on 10.12.1987. An FIR was registered against the original petitioner bearing FIR No.39/94 on 6.2.1994 under sections 409, 420, 467, 468 and 471 of the Indian Penal Code. The Challan was put up against him on 9.2.1996 in the court of Judicial Magistrate Court (1), Shimla in Criminal Case No. 2 of 2002. Case of the petitioner, in a nutshell, is that the persons junior to him have been considered and promoted and his case has been kept in a sealed cover.

(2.) MR. Keshav Thakur has strenuously argued that on the date when the Departmental Promotion Committee was convened, neither departmental proceedings nor criminal case was pending against the original petitioner and as such sealed cover procedure was not required to be followed.

(3.) I have heard the learned counsel for the parties and have perused the pleadings carefully.