WPSS/1499/2021 of LAL SINGH Vs STATE OF UTTARAKHAND

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

ON THE 27[TH] DAY OF NOVEMBER, 2021

BEFORE:

HON’BLE SHRI JUSTICE MANOJ KUMAR TIWARI

Writ Petition (S/S) No. 1499 of 2021

BETWEEN:

Lal Singh

…Petitioner

(By Mr. Vinay Kumar, Advocate) AND:

State of Uttarakhand and others. …Respondents

(Ms. Indu Sharma, Brief Holder for the State & Mr. Lalit Samant, Advocate for respondent no. 6)

JUDGMENT

Petitioner is constable in Civil Police, who participated in promotion exercise for the post of Head Constable. Petitioner is aggrieved as his result in the promotion exercise is not being declared.

2. According to learned counsel for the petitioner, punishment of Censure was imposed upon the petitioner, which was set-aside by learned Tribunal, vide judgment dated 15.07.2020. He further submits that the judgment of learned Tribunal has attained finality in the absence of challenge, therefore, as of now, there is no adverse material against the petitioner so as to withheld promotion from him.

3. Learned Brief Holder appearing for the State concedes that punishment order passed against the petitioner was set-aside by the Tribunal.

4. Learned counsel for the petitioner submits that petitioner has made representation to Inspector General of Police, Personnel, Dehradun on 28.09.2020. He confines his prayer and submits that authority concerned be directed to take decision on petitioner’s representation.

5. Accordingly, the writ petition is disposed of with direction to the Inspector General of Police, Personnel, Dehradun to consider and decide petitioner’s representation, as early as possible, preferably within six weeks from the date of production of certified copy of this order.

6. Let certified copy of this order be issued today itself.

(MANOJ KUMAR TIWARI, J.) Shubham