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Madhya Pradesh High Court

Brij Bahadur Upadhyaya vs The State Of M.P. And Ors on 23 August, 2012

                                W.P.No.2618/2004

          23.08.2012


                Shri     Gajendra   Singh,    learned    counsel     for   the
          petitioner.

                Ms. Nirmala Nayak, learned Govt. Advocate for
          respondent No.1.

Shri Sohaib Khan, learned counsel for respondents No. 2 to 4.

This Court has already directed listing of the case for final hearing in due course vide order dated 14.12.2010, when the application for urgent hearing was allowed. In view of this, it is not necessary to fix any date for final hearing.

However, the fact remains that the petitioner has been denied the promotion only because of pendency of the criminal prosecution in which he was acquitted and against the acquittal, the appeal is pending consideration.

Learned counsel for respondents to verify whether instructions issued by the Government of Madhya Pradesh in such circumstances are made applicable to the establishment of respondent No.2 or not.

Let the petition be listed in the week commencing 3.9.2012 for such consideration.

(K.K.Trivedi) Judge.

A.Praj.