VIPIN KUMAR BHATT, HEAD CONSTABLE v. THE STATE OF U.P. AND 3 OTHERS
WRIA/14938/2025 · 2025-10-12
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 102568 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 102568 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14938 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J.
1. Heard Sri Vijay Gautam, learned Senior Counsel assisted by Ms. Arya Gautam for the petitioner and learned Standing Counsel, who appears for State-respondents. 2. The case of the writ petitioner is that he was initially appointed as constable in U.P. Civil Police Department on 15.12.1991, however, as the ill luck, it may be a criminal case stood lodged against the writ petitioner being case crime No. 012 of 2019 under Section 409 IPC on 05.02.2019. The case of the writ petitioner is that as per the relevant rules, the writ petitioner was entitled to be considered for promotion as head-constable and in the seniority list so published on 07.04.2012, his name finds place at serial no. 15940. It is also the contention of the learned counsel for the writ petitioner that though the claim of the writ petitioner for promotion was considered but in the wake of pendency of the criminal case, the promotion of the writ petitioner was kept in sealed cover thereafter on 19.10.2024 and while inviting attention towards para-19 of the writ petitioner, it is contended that juniors to the writ petitioner have been accorded promotion but the writ petitioner has not accorded promotion. Learned counsel for the writ petitioner seeks reliance upon a judgment in Writ-A No. 8151 of 2022 (Neeraj Kumar Pandey v. The State of U.P. and 5 others), decided on 26.05.2022 so as to contend that this Court which is somewhat similar to the present one had the occasion to consider the same controversy, wherein there was a pendency of the criminal case and a direction be issued for opening of the sealed cover. Versus Counsel for Petitioner(s) : Atipriya Gautam, Pratyush Srivastava, Saundraya Giri, Sr. Advocate Counsel for Respondent(s) : C.S.C. Vipin Kumar Bhatt, Head Constable .....Petitioner(s) The State Of U.P. And 3 Others .....Respondent(s)
3. Prayer in the present petition is for a direction to the respondents to open the sealed cover. 4.
Shri Jitendra Prasad, learned Standing Counsel has produced before this Court instructions dated 10.10.2025 under the signature of the S.P. Establishment on behalf of I.G. Establishment so as to contend on 19.10.2024, the writ petitioner's promotion has been kept in sealed cover and as per the Government orders and guidelines invoke the same is to be open after one year i.e. on 18.10.2025 thus the claim of the writ petitioner is under consideration. He submits that the respondents shall consider the claim of the writ petitioner and accordingly pass an order to the said extent in the next meeting whenever it occurs on the priority basis. 5. To such a submission, learned counsel for the petitioner has no objection and he gracefully accepts the same. 6. Considering the submissions of the rival parties as well as stand taken by them, the writ petition is being disposed off requiring the competent authority to take appropriate steps with regard to the claim of the writ petitioner from opening of the sealed cover when the next departmental promotion committee is convened. 7. Needless to point out that the writ petition has been decided without seeking any response from the respondents. Thus, passing of this order may not be construed to an expression that this Court has gone into the merits of the case. 8. With the aforesaid observation, the writ petition is disposed off. October 13, 2025 A. Prajapati WRIA No. 14938 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad