CWP(T) No.7101/2008 01.09.2010 Present: Ms. Ranjana Parmar, Advocate for the petitioner. Mr. R. K. Sharma, Sr. Addl. A.G. with Mr. Ram Murti Bisht, Dy. A.G. for the respondents At the time of considering the petitioner’s case for promotion as HPFS officer, respondents adopted a procedure as laid down in para 16.32 (2) (i) to (iv) of Chapter 16 of Hand Book on Personnel Matters Vol. I. As stipulated therein sealed cover procedure was adopted for the reason that at the relevant time a criminal case was pending against the petitioner and also the integrity and vigilance clearance certificate could not be issued in his favour. Thus persons junior to him were promoted in terms of notification dated 27.6.1996. 2. There is no dispute that petitioner was facing trial in connection with F.I.R. No. 69/1995. There is also no dispute that after investigation challan was presented in the Court for trial and in terms of judgment dated 22.3.1999, learned Special Judge, Shimla acquitted the accused in Corruption Case No. 7-S/7 of 1997/1995. 3. The only defence taken is that an appeal arising out of an order of acquittal is pending before this Court. This cannot be a valid defence keeping in view the law laid down by this Court in Surinder Kumar vs. State of Himachal Pradesh & Anr. (1984 Sim.L.C. 254). 4. Thus petitioner was entitled for all benefits and the respondents ought to have taken consequential action of promoting the petitioner from the date when his juniors were promoted to the post of HPFS. 5. For the aforesaid reasons, present petition needs to be allowed. Respondents are directed to immediately take steps for considering the petitioner’s case for promotion as recommended by the D.P.C. and give benefits from the date when persons junior to him were promoted. It be clarified that benefits, if any, shall be subject to the outcome of the appeal filed by the respondents. Consequential action be positively taken within a period of 3 months from the date of receipt of the certified copy of the order. With the aforesaid observations, petition stands disposed of. ( Sanjay Karol ), Judge. September 01, 2010 (rana)