Madhya Pradesh High Court
Mathura Prasad Yadav vs Secretary The State Of Madhya Pradesh on 10 March, 2017
WP-10056-2009
(MATHURA PRASAD YADAV Vs SECRETARY THE STATE OF MADHYA PRADESH)
10-03-2017
Mr. Sanjay K. Agrawal, learned counsel for the petitioner.
Ms. Vandana Shrivastava, learned Panel Lawyer for the
respondents/State.
Heard.
The petitioner has filed the present petition claiming for promotion to the post of Tahsildar with effect from 1992 then to the post of Deputy Collector from 27.09.2003.
The petitioner was appointed on the post of Naib-Tahsildar in the year 1991 and while he was posted at District-Panna, a charge-sheet was issued to him on 24.08.1991. During pendency of the departmental enquiry, DPC was held in the year 1992 and however, the case of the petitioner was not considered by the D.P.C. as departmental enquiry was pending against the him. Thereafter vide order dated 03.07.1993, the petitioner was exonerated in the said departmental enquiry. Thereafter, a criminal case was registered against the petitioner, he was acquitted vide order dated 17.03.1997 in the said criminal case. Immediately after acquittal, the petitioner has submitted a representation for fixation of seniority, however, no action has been taken in the matter. Against the order of acquittal of the petitioner, the State Government has filed an appeal before before this Court. The said appeal was dismissed vide order dated 04.12.2008. After dismissal of the appeal filed by the State Government, the petitioner again made representation to the respondents for granting him promotion and for fixation of seniority. In the meanwhile number of persons who were juniors to the petitioner were promoted to the post of Tahsildar and then to the post of Deputy Collector. However, no promotion has been granted to the petitioner. The petitioner has therefore, submitted number of representations but of no use and filed the present petition. During course of arguments, learned counsel for the petitioner submits that the petition may be disposed of with a direction to the respondents to consider the case of the petitioner in the light of aforesaid facts. Learned Panel Lawyer submits that suitable decision shall be taken in the matter in accordance with the law.
In view of aforesaid submission made by learned counsel for the parties, the present petition is disposed of with a direction to the respondent No.2 to consider the case of the petitioner for grant of promotion to the post of Tahsildar with effect from 1992, when his juniors were promoted to said post and then to the post of Deputy Collector as per seniority, if his case is not already considered by the DPC and if the petitioner is found fit, then he may be promoted to the said post along with his juniors along with all consequential benefits. Certified copy as per rules.
(MISS VANDANA KASREKAR) JUDGE RC