IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP(T) No. 6282 of 2008 Date of Decision : August 02, 2010 P. C. Sharma Petitioner Versus State of Himachal Pradesh and another Respondents Coram: The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the petitioner : Ms. Ranjana Parmar, Advocate, for the petitioner. For the respondents : Mr. R. K. Sharma, Senior Addl. Advocate General with Mr. Vivek Thakur, Addl. A.G. for the respondents/State. Sanjay Karol, J. (Oral) The petitioner has inter alia prayed for the following relief:- “(i) That the Respondent/Department may be directed to open sealed cover and to promote the applicant as Ranger w.e.f. 30.8.1997 with all consequential benefits. (ii) That the respondent may be directed to pay the applicant full pay and allowances of the Ranger w.e.f. 30.8.1997 and fix his pay accordingly. The arrears of pay and allowances be paid to the applicant alongwith interest @ 24%. (iii) That the Respondents may be directed to produce the entire record pertaining to the case including Whether reports of Local Papers may be allowed to see the judgment? 2 record of D.P.C. etc. for the perusal of this Hon’ble Court. (iv) That the cost of the original application may be allowed in favour of the applicant. (v) Any other order deemed just and proper may be passed in favour of the applicant, keeping in view the facts and circumstances of the case.” 2. Learned counsel for the petitioner restricts the petition to relief No. (i) only. 3. In the reply the respondents have stated as under:- “Admitted that junior of the applicant has been promoted to the rank of Forest Ranger w.e.f. 20.12.97. The name of the applicant has been considered by the Departmental Promotion Committee in its meeting held on 30.8.97 and the result has been kept in sealed cover due to pending court case against him. Next Departmental Promotion Committee of Deputy Ranger for promotion to the rank of Forest Ranger is being held in near future. The name of the applicant will also be considered for promotion to the rank of Forest Ranger in that D.P.C.” 4. Ms. Ranjana Parmar, learned counsel for the petitioner has placed on record copy of the judgment dated 27.8.2003 passed by the learned Special Judge (Forests) Shimla, Distt. Shimla in Case No. 29-S/7 of 1997, titled as State versus Hari Dutt and others. From the same it is evident that criminal case was instituted on 28.10.1997. Even otherwise petitioner stands acquitted in the said case. There is no dispute that the D.P.C. was held on 30.8.1997 i.e. prior to the 3 date of the institution of the criminal case. As such the petition needs to be allowed. 5. Respondents are directed to open the sealed cover and take all consequential action for considering the petitioner’s promotion from the due date. The consequential action of release of the arrears etc., if any, shall also be taken within a period of three months from the date of the receipt of the certified copy of the order, failing which, thereafter petitioner shall be entitled to interest on the amount due @ 9% p.a. Petition stands disposed of accordingly. (Sanjay Karol), Judge. August 02, 2010 (PK)