Neutral Citation No. - 2025:AHC:100887 Court No. - 4 Case :- WRIT - A No. - 17863 of 2022 Petitioner :- Ramesh Chandra Tripathi Respondent :- The State Of U P And 4 Others Counsel for Petitioner :- Devendra Pandey,Dinesh Kumar Maurya,Mohan Lal Pandey,Nishi Kant Chaturvedi Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard Sri Mohan Lal Pandey, learned counsel for the petitioner and learned Standing Counsel for the State respondents. By means of this petition filed under Article 226 of the Constitution, petitioner seeks a direction in the nature of certiorari quashing the order impugned dated 31st August, 2022 by which petitioner's promotion has been kept in a sealed cover on account of a pending criminal case. It is contended by learned counsel for the petitioner that this order was passed on 31st August, 2022 and almost three years are coming to be passed. It is contended by learned counsel for the petitioner that in the light of the Government order dated 28th May, 1997 petitioner's claim for promotion can be considered as petitioner has not been responsible for any delay in disposal of the criminal case. He has placed reliance upon the order of a coordinate Bench of this Court in the case of Neeraj Kumar Pandey v. State of U.P. and others passed in Writ - A No.- 8151 of 2022 decided on 26th May, 2022, in which vide paragraph 17 it has been observed thus: "17. Having heard the learned counsel for petitioner, the learned standing counsel for State-respondents and upon perusal of record, the Court finds that it is an undisputed fact that irrespective of pendency of criminal case, petitioner has been allowed to continue. Therefore, mere pendency of a criminal case, prima-facie, cannot be taken as a ground to deny promotion of petitioner. The Competent Authority cannot withhold the claim of petitioner indefinitely on the ground of having adopted Sealed Cover Procedure, due to the pendency of criminal case." In view of the above, this petition stands disposed of with a direction to the competent authority, namely respondent No.- 2 to consider the claim of the petitioner for promotion in terms of the recommendation if any made and placed in a sealed cover in view of the provisions as contained in paragraph 10 of the Government order dated 28th May, 1997. The appropriate decision shall be taken by the competent authority within two months from the date of production of certified copy of this order. Order Date :- 1.7.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad