VIJAY KUMAR Vs. STATE AND OTHERS

JUDGEMENT

(1.) Petitioner qua whom recommendation of the DPC for promotion was kept in sealed cover has challenged the action of the respondents in keeping the recommendation with regard to his promotion under sealed cover procedure merely on account of registration of FIR No. 215/2011 dated 17.12.2011 under sections 307/380, RPC & 3/25, Arms Act and FIR No. 27/2012 dated 05.02.2012 under Section 153-A/158/447/427/506/120-B, RPC.

(2.) Learned counsel for the petitioner contends that initially, the case of the petitioner was considered for promotion to the post of Inspector in January, 2011 but the petitioner was not found fit for promotion. Subsequently, on representation, the matter was again put up before the DPC which on 30.05.2012 found the petitioner fit for promotion retrospectively w.e.f 27.01.2011. However, the recommendations of the DPC were ordered to be kept in a sealed cover on account of registration of aforementioned two FIRs. Learned counsel contends that challan was filed in FIR No. 215/2011 dated 17.12.2011 on 22nd October, 2013 before the Court of the learned Excise Magistrate, Jammu who, in turn committed the same to the Court of the learned Sessions Judge Jammu on the same day, while in FIR No. 27/2012 dated 05.02.2012, no challan has been filed till date. Learned counsel contends that in the circumstances, the petitioner has been illegally denied the promotion by keeping the recommendations of the DPC for promotion of the petitioner to the post of Inspector under SC category under sealed cover.

(3.) Mr. W.S.Nargal learned Sr. AAG has referred to Appendix XVII i.e rules regarding sealed cover procedure to be adopted and has referred to paragraph Nos. 1 and 2 of Appendix XVII. The same are reproduced here under: