Shri Chet Ram vs State of Himachal Pradesh

Justice Sanjay Karol, J.—Petitioner was appointed as a Forest Guard on 3.3.1977. Certain criminal proceedings were initiated against him under the Forests/ Criminal laws of the land. FIRs were registered in the years 1982-84. Undisputedly in all the criminal cases, petitioner stands acquitted and such judgments of acquittal have also attained finality. In the year 2001, Forest Department of Government of Himachal Pradesh was to promote Forest Guards to the post of Deputy Ranger. Annexure P-1, dated 15th January, 2001 reveals that such promotions did take place and even though petitioner''s name was considered, but he was not promoted as criminal cases were pending against him and as such respondents adopted sealed cover procedure.

Petitioner has invited my attention to the undisputed fact that with respect to one similarly situated person i.e. Shama Nand, respondents themselves, after his acquittal in criminal cases, promoted him by opening the sealed cover. In reply, respondents also admit this fact.

Undisputedly, there is nothing on record to show that petitioner is/was otherwise ineligible for being considered for promotion to the post of a Deputy Ranger. Since petitioner stands acquitted in criminal trials, his case for promotion has to be considered in accordance with law. As such, present petition is disposed of with a direction to the respondents to consider the petitioner''s case for promotion to the post of Deputy Ranger by opening the sealed cover. Such order of promotion, if any, has to be from the date when persons junior to him were promoted. Needful shall positively be done within a period of three months from the date of receipt of certified copy of this order. All consequential actions, including disbursement of monetary benefits, if any, due and admissible, shall also be released to the petitioner within the aforesaid period, failing which, then thereafter, petitioner shall be entitled to interest @ 9% per annum, which shall be personally recovered from the erring official(s).

With these observations, present petition stands disposed of. Pending application(s), if any also stands disposed of.