IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.5496 of 2023 Decided on: 06.11.2025 ------------------------------------------------------------------------------------- Raju Verma …..Petitioner Versus State of H.P. and Ors .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Amrick Singh, Advocate. For the Respondents: Mr. L.N.Sharma, Additional Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Petitioner seeks a direction to the respondents to promote him to the post of Work Inspector from the due date in accordance with law. The relief clause of the petition reads as under:- “a. That Writ of Mandamus may be issued directing the respondents to promote the petitioner to the post of Work Inspector against the vacant post/quota fixed from due date, amongst the seniority of circle level with in time bound period with all consequential benefits with interests to the petitioner from due date with all consequential benefits such seniority, increment etc. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 b) That the impugned action on part of respondent may kindly be declared as null and void” 2. Petitioner is seeking promotion to the post of Junior Technician (Work Inspector) in the respondent-Jal Shakti Vibhag under 15% quota in terms of the applicable Recruitment & Promotion Rules. The pleaded stand of the respondents is that the name of the petitioner was considered for promotion to the post of Junior Technician (Work Inspector) by the Departmental Promotion Committee (DPC) in its meeting convened on 06.03.2024 under 15 % quota for promotion from amongst eligible Beldars, Helpers etc. However, case of the petitioner was kept in sealed cover till the final outcome of the criminal proceedings against him. According to the respondents, petitioner had been arrested in FIR No.129/2021, dated 01.08.2025, registered under Sections 307, 341, 427, 506(II) of Indian Penal Code and Section 25 of the Arms Act, at Police Station Dhalli, Shimla. Petitioner remained police custody till 13.08.2021. The said case is still stated to be pending trial. 3. The matter was heard on 15.10.2025, when following order was passed:- “Learned counsel for the petitioner submitted that in the 3 FIR, that was registered against the petitioner, he was arrested on 02.08.2021 and let out on bail on 16.08.2021. The DPC for promotion was convened by the respondents on 06.03.2024. On the said date, neither any charges had been framed against the petitioner in the criminal case, nor disciplinary proceedings had been initiated against him by the respondents. The charges in the criminal case were framed against the petitioner on 20.08.2024. Therefore, according to the learned counsel for the petitioner, his case could not have been kept in the sealed cover by the DPC. Learned Additional Advocate General seeks ten days’ time to prepare the matter. List on 06.11.2025.” 4. During the course of hearing today, learned Additional Advocate General submitted that it is a fact that on the date of convening of the DPC, neither any charges had been framed against the petitioner in the criminal case nor disciplinary proceedings had been initiated against him by the respondents, therefore, his case for promotion to the post of Junior Technician (Work Inspector) could not have been kept in sealed cover; That the respondents shall now proceed to open the sealed cover. 5. In view of above, this writ petition is disposed of by directing the respondents to open the sealed over of the petitioner for promotion to the post of Junior Technician (Work Inspector) within three weeks from today and take 4 consequential action based upon that. In case petitioner is held entitled to promotion, all consequential benefits, be released in his favour within further period of two weeks.. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua November 6, 2025 Judge R.Atal