STATE OF H.P Vs. C.R.PREMI

JUDGEMENT

(1.) THE respondent No.1 was appointed to the Himachal Pradesh Forest Services (HPFS) on 1.4.1967. He retired from service after attaining the age of superannuation on 31.3.2000.

(2.) THE respondent No.1 after completing the requisite service was eligible for induction into the Indian Forest Services (IFS). There is no dispute with regard to the fact that the first meeting of the Departmental Promotion Committee (DPC), in which the case of the respondent No.1 was considered, took place on 22nd March, 1986. It is also not disputed that a number of criminal cases had already been lodged against the respondent No.1 and he infact remained under suspension from 16.6.1983 to 21.6.1984 and from

(3.) THE criminal cases had admittedly not concluded by then and the State Government never issued an integrity certificate in favour of respondent No.1, who thereafter filed an original application before the Central Administrative Tribunal on the ground that integrity certificate could not be withheld for such a long period. He contended that the criminal cases were pending against him for many-many years and he should not have been denied the right to receive promotion only because the cases were not concluded. Reliance was placed on the judgement of the Apex Court in 1995(1)- SLR-700 State of Punjab and others vs. Chaman Lal Goyal. The Tribunal relying upon the aforesaid judgement has directed the Union of India and State of Himachal Pradesh to consider the case of the respondent No.1 for promotion without reference to and without taking into consideration the charges or the pendency of the criminal cases against him . It has further directed that the promotion so made would however be subject to review after the conclusion of the criminal cases against him.