ANAND KUMAR SINHA v. THE UNION OF INDIA AND 2 OTHERS
WRIA/7769/2025 · 2025-05-27
Ajit Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 64819 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 64819 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:93122 Court No. - 4 Case :- WRIT - A No. - 7769 of 2025 Petitioner :- Anand Kumar Sinha Respondent :- The Union Of India And 2 Others Counsel for Petitioner :- Shivendu Ojha,Sneh Pandey,Sr. Advocate Counsel for Respondent :- A.S.G.I. Hon'ble Ajit Kumar,J.
1. Heard Sri R.K. Ojha, learned Senior Advocate assisted by Sri Shivendu Ojha, learned counsel for the petitioner who is working as a Inspector is seeking promotion as Assistant Commandant with the respondent establishment and submits that his promotion has been placed in a sealed cover for the Departmental Promotion Committee's recommendation made, on account of pending criminal case and he has been so communicated by the letter dated 30.03.2025 issued by the competent authority.
2. Sri Ojha, submits that mere pendency of criminal case cannot be a ground to place candidature of an employee for promotion in a sealed cover in view of the law laid down in the judgment of the Supreme Court in the matter of Union of India and another vs. K.V. Janki Raman (1991) 4 SCC 109. He placed reliance upon paragraph nos.16 and 17 of the judgment.
3. It is submitted that this judgment has been recently followed by a coordinate bench of this Court in the matter of Ranbir Singh vs. State of U.P. and 2 others being Writ-A No.1789 of 2022
disposed of on 08.02.2023, wherein, judgment in the case case of Km. Maya Mahila Constable vs. State of U.P. 2011 (5) ADJ. 818 also came to be referred to.
4. Learned counsel for the respondents, Sri Prem Narayan Rai submits that matter can be directed to examine by the competent authority if petitioner makes a representation.
5. In view of the above this writ petition stands disposed of with a direction to petitioner to move a representation within four weeks of production of certified copy of this order before the concerned respondents and the respondents are directed to dispose of the same as expeditiously as possible preferably within a period of two
months considering the authorities cited as well.
6. Needless to add that the order to be passed shall be reasoned and speaking one.
Order Date :- 28.5.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad