IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.12159of 2025 Date of Decision: 28.7.2025 _____________________________________________________________________ Murari Lal Sharma ……...Petitioner Versus State of Himachal Pradesh and Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Nitin Rishi and Mr. Mahesh Thakur, Advocates. s For the respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Nitin Rishi, learned counsel for the petitioner is that though petitioner, who was in line to be promoted to the post of Tehsildar Class-I Gazetted, coupled with the fact that he stands acquitted in criminal case registered against him, but yet he is not being promoted. 2. Having regard to the nature of order and prayer made in the instant petition, this court sees no necessity to call for reply from the respondents, who are otherwise represented by Mr. Rajan Kahol, learned Additional Advocate General. In the year 2019, petitioner appeared in the competitive examination and qualified the exam of Naib-Tehsildar conducted by Himachal Pradesh Public Service - 2 - Commission, Shimla. Pursuant to his selection, he was posted in the office of Divisional Commissioner, Mandi, where he continues to work till date. On 16.1.2025, Departmental Promotion Committee was convened to consider eligible Naib Tehsildars for promotion to the post of Tehsildar Class-I (Gazetted). Though DPC considered name of the petitioner for promotion, but at that relevant time, he was denied promotion on account of pendency of criminal case against him. DPC adopted sealed cover procedure in the present case and kept one vacancy reserved for him. It emerges from the pleadings available on record that prior to petitioner’s selection to the post of Naib Tehsildar in the year 2019 and FIR No. 29 of 2017 was registered at PS Bhunter, District Kullu, Himachal Pradesh, under Sections 379, 447, 506 read with Section 34 of Indian Penal Code, 1860, and Sections 32 & 33 of the Indian forest Act, 1927 along with Section 21 of the Mines & Minerals (development Regulation) Act 1957, for illegal mining. After convening of DPC as detailed herein above, learned trial court acquitted the accused of the charges framed against him under the afore provisions of law vide judgment dated 11.6.2025. On 16.6.2025, petitioner submitted representation to the competent authority through proper channel, requesting therein to open the sealed cover and grant promotion with all consequential benefits but fact remains that till date, nothing has been done and as such, petitioner is compelled to approach this Court in the instant proceedings, seeking - 3 - therein direction to the respondents to grant him promotion from the due date. 3. Though, at this stage, Mr. Rajan Kahol, learned Additional Advocate General, attempted to argue that period of filing of appeal against the judgment of acquittal has not expired, but such plea of him, may not be of much relevance for the reason that petitioner stands acquitted in criminal case registered against him. If it is so, ground of filing of appeal may not be a reason to deny rightful claim of the petitioner. [See. Union of India and Ors v. K.B. Jankiraman and Ors (1991) 4 SCC 109 and CWPOA No. 7001 of 2020, Ashok Kumar v. State of Himachal Pradesh and Ors.] 4. Consequently, in view of the above, present petition is disposed of with direction to the respondents to consider and decide representation dated 16.6.2025 submitted by the petitioner, expeditiously, preferably, within two weeks. While doing the needful, competent authority shall afford an opportunity of hearing and pass appropriate order with regard to promotion of the petitioner, taking note of recommendations made by the Departmental Promotion Committee, if there is no other technical hitch. July 28, 2025 (Sandeep Sharma), (manjit) Judge