Zafaryab Hussain Jafri v. M. P. State Electricity Board
2014-05-08
ALOK ARADHE
body2014
DigiLaw.ai
JUDGMENT 1. With consent of the parties, the matter is heard finally. 2. In this writ petition, the petitioner inter-alia seeks a direction to the respondents to promote the petitioner on the post of Security Inspector w.e.f. 19.7.2007 and to accord him all consequential benefits. 3. Learned counsel for the petitioner submits that the case of the petitioner was not being considered on account of the fact that a criminal case is pending against him. However, the aforesaid criminal case namely Criminal Revision No.488/2007 has been dismissed on 1.7.2013 and a judgment of acquittal dated 24.11.2006 passed in Special Case No.24/2006 by the Special Judge, Betul, has been affirmed. It is further submitted that there no impediment in law now to consider the case of the petitioner for promotion to the post of Security Inspector. It is further submitted that juniors to the petitioner have been promoted to the post of Security Officer. Learned counsel for the petitioner submits that the instant writ petition be disposed of with a direction to the respondents to consider the case of the petitioner for promotion. 4. On the other hand, learned counsel for the respondents submitted that suitable action in accordance with law shall be taken, in view of subsequent development which has taken place during the pendency of the writ petition. 5. In view of aforesaid submissions made by learned counsel for the parties and as agreed to by them, the writ petition is disposed of with a direction to the respondents to convene a review departmental promotion committee (DPC) and to consider the case of the petitioner for promotion to the post of Security Inspector. In case the petitioner is found entitled to the next higher post i.e. of Security Officer, his case for further promotion to the post of Security Officer shall also be considered, in case the petitioner falls within the zone of consideration. Needless to state that in case the petitioner is found entitled for promotion, all the consequential benefits shall be granted to him. It is made clear that this Court has not expressed any opinion on the merits of the case. ..........................