Ram Kishan vs State Of Rajasthan And Ors

This writ petition has been filed by the petitioner aggrieved against order dated 06.08.2019 (Annexure-6), whereby, the respondents while promoting candidates for the post of Head Constable to Assistant Sub Inspector, has ordered for placing the recommendation of the petitioner in a sealed cover.

It is, inter alia, submitted by learned counsel for the petitioner that the recommendation of the petitioner has been wrongly placed in the sealed cover, inasmuch as, earlier also petitioner was accorded promotion from the post of Constable to Head Constable, even when the proceedings were pending.

Submissions have been made that the criminal trial, based on which, the recommendation has been placed in the sealed cover, is pending since 2012 and is likely to take more time and, therefore, the action of the respondents in placing the recommendation in the sealed cover is not justified.

Submissions have also been made that the pending trial has no implication in so far as the petitioner's promotion is concerned and on that count also the respondents are not justified in denying promotion to the petitioner/placing the recommendation in the sealed cover.

Reliance has been placed on Harsh Kumar Sharma v. State of Punjab & Anr. : Civil Appeal No.11231/2016, decided on 14.12.2016.

I have considered the submissions made by learned counsel for the petitioner and have perused the material available on record.

The principles dealing with placing of the recommendation of DPC in the sealed cover is governed by judgment of Hon'ble Supreme Court in Union of India & Ors. K.V. Jankiraman & Ors. : (1991) 4 SCC 109, wherein, it has been held that in the case where the departmental proceedings are pending or Court frames charges in a criminal case and the candidate is considered for promotion during the said period, the recommendation is to be placed in the sealed cover and after the result of the departmental proceedings/criminal trial, the recommendation could be acted upon.

In view thereof, in so far as placing of recommendation in the sealed cover is concerned, the same does not call for any interference.

In so far as the reliance placed on judgment in the case of Harsh Kumar Sharma (supra) is concerned, in the said case based on the O.M., Hon'ble Supreme Court observed that in a case where recommendation is placed in the sealed cover, the same needs to be reviewed by the authority periodically and parameters have been indicated based on the Circular, based on which, a decision to accord ad hoc promotion, based on recommendation of DPC, can be taken. The said judgment/guidance therein in the present circumstances are too premature, inasmuch as, the recommendation has been made on 06.08.2019 only and, therefore, the said judgment as such does not advance the cause of the petitioner.

So far as according promotion earlier from the post of Constable to Head Constable during pendency of the trial is concerned, the fact that the respondents did not at that stage place the recommendation in the sealed cover, contrary to the dictum in the case of K.V. Jankiraman (supra), cannot arm the petitioner with a right to seek direction to the respondents to follow the same route again.

In view thereof, no case for interference in the writ petition is made out, the same is, therefore, dismissed.