IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 409 of 2006 (S/B) Prem Singh Sanga S/o late Sri M. S. Sanga Aged about 58 years, At present posted as Superintendent of Police (Incharge) Criminal Investigation Department (C.B.C. I.D.) Haldwani, District Nainital ………. Petitioner Versus State of Uttarakhand and others …………. Respondents Mr. Rakesh Thapaliyal, Advocate for the petitioner. Mr. Subhash Upadhyaya, Brief Holder for the respondents. JUDGMENT Coram: Hon’ble V. K. Gupta, C. J. Hon’ble J. C. S. Rawat, J. V. K. Gupta, C. J. (Oral) In this petition filed under Article 226 of the Constitution of India, the limited relief claimed by the petitioner relates to the issuance of writ of mandamus by this Court directing the respondents to open the sealed envelop in so far the recommendation of the D.P.C. for promotion of the petitioner to the higher rank is concerned. The sealed cover procedure was adopted by the respondents in view of the disciplinary proceedings against the petitioner. The affidavit has been field by Shri B. C. Pandey, Deputy Superintendent of Police (M), Police Headquarter, Dehradun on 15.02.2008, affirmed by him on 14.02.2008 whereby copy of order issued by Principle Secretary, Home Department, Government of Uttarakhand on 22.01.2008 has been enclosed. A perusal of this order as well as the contents of para 3 of affidavit of Shri B.C. Pandey clearly reveal that the disciplinary proceedings against the petitioner stand concluded. 2. Mr. Subhash Upadhyaya, Brief Holder for the respondents also submits that in view of the fact that no disciplinary proceedings are pending against the petitioner, the respondents will have no objection to open the sealed cover. 3. In view of the aforesaid statement and the fact that no disciplinary proceedings are pending against the petitioner, the petition is disposed of by ordering and directing the respondents to open the sealed cover and take the proceedings to their logical conclusion. The sealed cover shall be opened with two weeks form today and, depending upon the contents of the recommendation the final action shall be taken by the State Government within four weeks thereafter. (J. C. S. Rawat, J.) (V. K. Gupta, C. J.) 21.02.2008 21.02.2008 LSR