Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13834 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. Heard Sri Vikrant Rana, learned counsel for the petitioner as well as learned Standing Counsel. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for a writ of mandamus to command the respondent no. 2 to consider his claim raised in his representation dated 15.07.2024 and 07.08.2023 for recall of the order dated 18.07.2013, whereby, petitioner's promotion order dated 02.07.2013 was kept in abeyance. It is argued by learned counsel for the petitioner that it is this order keeping the petitioner's promotion in abeyance was passed on account of his implication in criminal case in which finally he has stood acquitted by
judgment and order dated 16.01.2018 passed by Special Chief Judicial Magistrate, Merut in Criminal Case No. 4101316/2010 arising out of Case Crime No. 201 of 1995 under Sections 420, 467, 468, 471, 477, 120-B IPC, P.S. Civil Lines, District Meerut. It is contended that against the said
judgment of acquittal, the State unsuccessfully preferred appeal before the Additional Sessions Judge, Meerut which also came to be dismissed vide detailed judgment dated 27.02.2023 passed in Criminal Appeal No. 55 of
2018. In the circumstances, therefore, it is argued that respondents themselves ought to have recalled the order dated 18.07.2013 but to the utter surprise of petitioner, the said order has remained in force till date. Learned Standing Counsel submits that since petitioner raises valid plea, the same can be considered in accordance with law provided of course, petitioner makes a fresh representation before the authority concerned namely the respondent no. 2, who shall consider the claim of the petitioner. In view of the above, this petition stands disposed of with a direction that in the event petitioner makes a fresh representation regarding his Versus Counsel for Petitioner(s) : Harsh Vardhan Singh, Vikrant Rana Counsel for Respondent(s) : C.S.C. Avadh Narayan .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
promotion before the respondent no. 2 within a period of four weeks from today along with the certified copy of this order, the same shall be considered and disposed of in accordance with law within a further period of two months by means of a reasoned and speaking order. September 16, 2025 IrfanUddin WRIA No. 13834 of 2025 2 (Ajit Kumar,J.) Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad