2025:HHC:826 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 4389 of 2020 Decided on: 04.01.2025 Sh. Ashwani Kumar … Petitioner Versus State of Himachal Pradesh … Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : M/s Onkar Jairath and Anshul Jairath, Advocates. For the respondent: Mr. Rahul Thakur, Deputy Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has prayed for the following reliefs:- “i) That a writ in the nature of mandamus or any other appropriate writ, order of direction may kindly be issued to the Respondents directing them to grant the due and admissible promotion to the Petitioner to the post of Executive Engineer from the due date, i.e. from the date he became eligible for the same or his juniors have been promoted to the next higher posts by implementing the recommendations Departmental Promotion Committee. ii) That the Respondents may be directed to release all consequential benefits such as arrears etc. in favour of the Petitioner along with interest @ 6% p.a. 2. Today, learned Deputy Advocate General has informed 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:826 the Court, on the basis of instructions, dated 04.01.2025, received from Joint Secretary (Jal Shakti), to the Government of Himachal Pradesh that in the light of the fact that the criminal proceedings which were initiated against the petitioner resulted in his acquittal, now the recommendations qua the promotion of the petitioner, which are in sealed cover, have to be opened. He further apprised the Court that the Department has sought the clarification from the Director, Vigilence, as to whether any appeal has been filed in this regard or not. 3. Learned counsel for the petitioner submits that as per his instructions the judgment has attained finality as no appeal has been preferred against the judgment of acquittal. 4. Be that as it may, taking into consideration the fact that the basis on which the recommendation of the Departmental Promotion Committee qua the petitioner for promotion against the post of Executive Engineer were kept in sealed cover is no more there, as the criminal case which was there against the petitioner has resulted in his acquittal, this petition is disposed of with the direction that necessary clarification be obtained by the Department from Director (Vigilance) within a week from today and thereafter, the sealed cover be opened and in case the petitioner has been 3 2025:HHC:826 recommended for promotion, then he be given promotion with all consequential benefits from the due date, i.e. the date when other incumbents who were recommended by the Departmental Promotion Committee for offered appointment against the said post. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge January 04, 2025 (Rishi)