Neutral Citation No. - 2025:AHC-LKO:9467 Court No. - 6 Case :- WRIT - A No. - 1835 of 2025 Petitioner :- Devendra Pratap Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home And 5 Others Counsel for Petitioner :- Om Prakash Misra Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Om Prakash Misra, learned counsel for the petitioner as well as learned Standing Counsel for the respondents. 2. It is submitted by learned counsel for the petitioner that petitioner was initially appointed on the post of Constable in Civil Police on 01.10.1984. He served for nearly 38 years, but he has not been promoted to the post of Head Constable and subsequently to the post of Sub Inspector, despite the fact that his juniors have been promoted to the next higher posts. It is submitted that due to pendency of criminal proceedings against the petitioner being Criminal Case No. 13314 of 2004 - State Vs. Sheesh Pal Singh, arising out of Case Crime No. 15 of 2000, under Section 394 I.P.C., at Police Station - Chamanganj, District - Kanpur, which trial has been concluded by means of judgment and order dated 31.10.2023. In the aforesaid criminal case petitioner has been acquitted. 3. It has been next submitted by learned counsel for the petitioner that apart from the aforesaid criminal case petitioner was also named as accused in Case Crime No. 838 of 2000, under Sections 420 and 170 IPC, at Government Railway Police Station Kanpur Central Kanpur Nagar. In the said case, it has been submitted that though the petitioner was shown as accused in the first information report, but in the charge sheet which was filed in the Court of competent jurisdiction, name of petitioner was not included and it is stated that the said trial has been concluded against the accused therein on 22.12.2018. 4. From the documents annexed with the writ petition, it is not clear as to whether investigation against the petitioner in Case Crime No. 838 of 2000, was concluded or any final report is submitted in the Court of competent jurisdiction. It is submitted that on previous occasion the petitioner had approached this Court for similar directions by filing Writ Petition No. 6718 of 2022, wherein the facts were substantially different and criminal proceedings were pending against petitioner and now, it is stated that same have been concluded. It is submitted that case is made out for consideration of the candidature of petitioner for promotion to the post of Head Constable to Sub Inspector. 5. In the aforesaid facts, the petitioner has sought direction to the respondents to open the sealed cover and give effect to the recommendation made by the DPC and promote the petitioner to the next higher post of Head Constable and then to the post of Sub Inspector. 6. It is lastly submitted by learned counsel for the petitioner that his grievance will be substantially redressed in case respondent no. 2 is directed to consider and decide petitioner's representation dated 15.01.2025 (Annexure-14 to the writ petition), expeditiously. 7. Learned Standing Counsel has no objection in case suitable directions are issued to respondent no. 2 - Deputy Inspector General of Police, Establishment/Superintendent of Police, Establishment (Karmik), U.P. Police Head Quarters, Lucknow to consider and decide petitioner's representation expeditiously. 8. In view of above, present writ petition is disposed of with direction to respondent no. 2 - Deputy Inspector General of Police, Establishment/Superintendent of Police, Establishment (Karmik), U.P. Police Head Quarters, Lucknow, to consider and decide petitioner's representation dated 15.01.2025 (Annexure- 14 to the writ petition), expeditiously, say within a period of six weeks from the date of production of certified copy of this order, by means of reasoned and speaking order in accordance with law and communicate the decision to the petitioner. 9. It is made clear that the respondents while deciding representation of the petitioner shall duly consider the aspect pertaining to the second first information report lodged against petitioner being Case Crime No. 838 of 2000 and record their satisfaction as to whether either trial has been concluded in favour of petitioner or final report was filed and that no trial commenced against the petitioner. Order Date :- 13.2.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench