CP-41 VYAS MISHRA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO. AND 4 OTHERS
WRIA/2062/2025 · 2025-02-18
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123661 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123661 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:10573 Court No. - 6 Case :- WRIT - A No. - 2062 of 2025 Petitioner :- Cp-41 Vyas Mishra Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And 4 Others Counsel for Petitioner :- Ashok Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard Sri Ashok Kumar Mishra, learned counsel for petitioner as well as learned Standing Counsel for the respondents.
2. It has been submitted by learned counsel for petitioner that petitioner was appointed on the post of constable in the year 1989 and after completing more than 30 years of service he is fully eligible for promotion on the post of Head Constable.
3. It is submitted that D.P.C. was constituted for the said promotion in which case of the petitioner for promotion has been considered and the name of the petitioner find mention at serial No. 997 but his matter has been kept in sealed cover due to the pendency of criminal case lodged against the petitioner in case Crime No. 419/2004 on 25.09.2004 under Section 419, 420, 467, 468 I.P.C. P.S. Rampur Rarkhana District-Deoria.
4. Learned counsel for petitioner submits that the criminal case lodged against petitioner has ended in his acquittal by means of
judgment and order dated 29.02.2024, passed by the Chief Judicial Magistrate, Deoria and once the petitioner has been acquitted of the criminal charges, then there is no reason for the respondents to not open the sealed cover and not giving effect to the finding of the DPC.
5. Learned counsel for petitioner after arguing the matter at some length confines his prayer for a suitable direction to the Police Commissioner, Lucknow to consider and decide the representation of the petitioner expeditiously.
6. Learned Chief Standing counsel does not dispute or object to the aforesaid prayer made by learned counsel for petitioner.
7. Accordingly, without entering into merit of the case, present writ petition is disposed of with direction to respondent No. 4 -The DIG/SP Establishment/Karmik, DGP, Headquarters, Lucknow to consider and decide the representation of the petitioner dated 24.12.2024 as contained as Annexure No. 9 to
the writ petition with reasoned and speaking order in accordance with law within a period of six weeks from the date a certified copy of this order is produced before him and communicate the decision to the petitioner.
Order Date :- 18.2.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench