IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.12294 of 2024 Decided on: 6th January, 2025 _________________________________________________________________ Sandeep Kumar ....Petitioner Versus HPSEBL & Ors …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Arun Sehgal, Advocate. For the respondents: Ms. Vandana Misra, Advocate. Jyotsna Rewal Dua, Judge Case of the petitioner was that respondent had already convened the meeting of Departmental Promotion Committee (DPC) for promotion of eligible junior T-Mates against the post of Assistant Linemen. The DPC had found the petitioner fit for promotion and had accordingly recommended his name for promotion. T.Mates junior to the petitioner had been promoted by the respondents as Assistant Linemen, but respondents had not permitted the petitioner to join against the promotional post of Assistant 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - Lineman. 2. The respondents in their reply to the writ petition highlighted the fact that at the time of convening the meeting of DPC, petitioner was found involved in the commission of offences under Section 498-A and 406 of Indian Penal Code. FIR No. 17 of 2021 had been registered against the petitioner on 18.03.2021, at Police Station Women, Amritsar, Punjab. Petitioner was facing criminal trial in the Court of learned Chief Judicial Magistrate, Amritsar. Hence, approval of the DPC for recommending the name of the petitioner for further promotion was in ignorance of the pendency of the criminal case against him. On realizing the mistake, the name of the petitioner was ordered to be kept in a sealed cover keeping in view the fact that he was facing criminal proceedings. Charges had also been framed against him in the criminal case on 16.12.2021. 3. During one of the hearings of this case i.e. on 01.01.2025, learned counsel for the petitioner submitted that the FIR No. 17 of 2021 registered against the petitioner on 18.03.2021, under Section 498A and 406 IPC, at Police Station Women, Amritsar, Punjab, had been quashed by the - 3 - Hon’ble High Court of Punjab and Haryana on 23.09.2023. 4. Taking into consideration the above fact, learned counsel for the respondents was directed to have instructions about opening the sealed cover in the case of the petitioner for his further promotion to the post of Assistant Lineman. During course of hearing today, learned counsel for the respondent placed on record office instructions dated 06.01.2025, from the Under Secretary (TE), HPSEBL Vidyut Bhawan, and on that basis submitted that the petitioner shall be considered for promotion by opening sealed cover from the date his junior counterparts were promoted in the same DPC alongwith all consequential benefits within a week’s time. Relevant portion of the instructions reads as under:- “In this context, it is intimated that the matter has been examined in consultation with Legal Cell of this Board Sectt. the Legal Cell has opinioned that the Hon'ble High Court of Punjab and Haryana at Chandigarh vide its judgments and order dated 23.09.2024 has quashed and set aside the criminal proceeding launched against Sh. Sandeep Kumar and another vide FIR No. 17/2021 dated 18.03.2021 registered under section 406 and 498 -A IPC alongwith other consequential criminal proceedings arising out of the aforesaid FIR in question. As such, as of now there are no judicial or disciplinary proceeding pending - 4 - against Sh. Sandeep Kumar T/ Mate in the eyes of the law. It is further intimated that the petitioner Sh. Sandeep Kumar shall be considered for promotion by opening Seal Cover Procedure from the date when his junior counterparts were promoted in the same DPC alongwith all consequential benefits within a week's time.” Learned counsel for the respondents has assured that in view of above, the needful shall be done in the case of the petitioner within one week from today. 5. Taking note of above, this writ petition to stand disposed of, as the respondents have undertaken to redress the grievances of the petitioner by opening the sealed cover for considering him for promotion from the date his juniors were promoted in the same DPC alongwith all consequential benefits within a week from today. Petitioner, however, is at liberty to seek appropriate remedy for redressal of his surviving grievances, if any, in accordance with law at an appropriate state, in case need so arises. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge January 6, 2025 R.Atal