Avdhesh Kumar Pathak Pno 102350094 v. State of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Home Deptt. Lko. and 2 Others

Court No. - 6 Case :- WRIT - A No. - 12325 of 2024 Petitioner :- Avdhesh Kumar Pathak Pno 102350094 Respondent :- State Of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Petitioner :- Ravi Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.

¶1Heard Sri Ravi Pratap Singh, learned counsel for the petitioner and the Standing counsel for the respondents.

¶2It has been submitted that the petitioner was working on the post of Sub Inspector at police lines in District Auraiya and is eligible for being promoted to the post of Inspector and Departmental Promotion Committee for the said promotion has already been held in 2013 where candidature of the petitioner was duly considered but due to the fact that one criminal case bearing No.157 of 2019 under Section 409 IPC is pending against the petitioner, his case was put under sealed cover.

¶3Learned counsel for the petitioner submits that the respondents themselves have issued government order dated

28.5.1997 where it is provided that in case criminal proceedings are pending against a government servant which may take long time to conclude then that person can be considered for adhoc promotion during pendency of the said proceedings. Relying upon the said government order the petitioner has submitted representation to opposite party No.2 on 23.11.2024 but till date no decision has been taken.

¶4After arguing the mater at some length, learned counsel for the petitioner submits that the grievance of the petitioner shall be substantially redressed in case opposite party No.2 is directed to consider and decide the aforesaid representation, expeditiously.

¶5Learned Standing counsel does not object to the aforesaid prayer.

¶6In view of the above, the writ petition is disposed of with a direction to opposite party No.2 i.e. Deputy Inspector General of Police, Establishment, Head Office, Director General of Police, U.P., Lucknow to consider and decide the representation of the petitioner dated 23.11.2024, expeditiously, say within a period of six weeks from the date a certified copy of this order is placed before him, in accordance with law and communicate the decision to the petitioner. (Alok Mathur, J.) Order Date :- 18.12.2024 RKM. High Court of Judicature at Allahabad, Lucknow Bench