High Court Of ChhattisgarhWPS/5672/2018disposed off

Yogendra Tiwari v. State Of Chhattisgarh

2018-08-30Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 5672 of 2018 Yogendra Tiwari S/o Late Shri Radheshyam Tiwari, Aged About 49 Years Occupation - Constable No. R/ 310, Under The 7th Battalion, C S F Bhilai, District Durg Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Police And Home Affairs Mahanadi Bhawan New Mantralay, District Raipur Chhattisgarh

2. The Director General Of Police, Police Head Quarter, Raipur District Raipur Chhattisgarh

3. The Inspector General Of Police, ( Recruitment) Police Head Quarter, Raipur District Raipur Chhattisgarh

4. The Inspector General Of Police, Chhattisgarh Arms Force, Head Office Bhilai, District Durg Chhattisgarh

5. The Commandant, 7th Battalion, CSF, Bhilai District Durg Chhattisgarh ---- Respondents For Petitioner :

Shri Palash Tiwari, Advocate For State :

Shri R. K. Gupta, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order On Board 30.08.2018

1. The grievance of the petitioner is the non granting of promotion to him on account of pendency of some criminal case against him which ultimately has resulted in his acquittal. Meanwhile, the promotional

prospect of the petitioner was placed under seal cover and the same now needs to be opened and reconsidered and an appropriate order has to be passed.

2. Given the said limited grievance which the petitioner has raised, let the respondent no.3 take a decision on the claim of the petitioner for which the petitioner is at liberty to make a detail representation supported with all relevant documents within a period of 2 weeks from today. On such representation being made, respondent no.3 may process the case of the petitioner for grant of promotion in accordance with the rules governing the field and in case if it is not respondent no.3 who is the competent authority to decide the representation of the petitioner then it is expected that respondent no.3 shall refer the matter to the concerned competent authority for taking an appropriate decision within a period of 60 days from the date of receipt of representation of the petitioner.

3. With aforesaid observation the writ petition stands disposed of. Sd/- P. Sam Koshy Judge Bhola