MADAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is serving as Deputy Ranger in the Himachal Pradesh Forest Department. In response to the process initiated for promotion to the post of Forest Range Officer, on 1/2/2020, petitioner made a request for considering his name for such promotion, but he was not promoted, despite making further request on 9/10/2020, due to pendency of criminal case against him, in pursuant to FIR No.11 of 2018, dtd. 11/2/2018, in Police Station Kasauli, District Solan, wherein he was arrested and remained in police custody with effect from 12/2/2018 to 15/2/2018 and thereafter he was detained in judicial custody till 3/3/2018. After his release, he joined the duty on 5/3/2018, and he was actually reinstated by the competent authority vide order dtd. 29/3/2018. Chargesheet against the petitioner has been filed in the Court of Additional Chief Judicial Magistrate, Kasauli on 28/6/2018 and supplementary chargesheet was filed on 24/9/2018, which is pending adjudication and charges have not been framed against the petitioner till date.

(2.) Meeting of Departmental Promotion Committee (DPC) was held on 14/12/2020 and for pendency of the criminal proceedings, the DPC has adopted Sealed Cover Procedure with respect to the petitioner.

(3.) Present petition has been filed, seeking direction to the respondents-State to promote the petitioner with effect from 24/12/2020, the date on which respondents No.3 to 22, who are his juniors, have been promoted.