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Judgment
This matter is taken up through Hybrid arrangement (Virtual/Physical mode).
The case of the Respondent for promotion from the rank of Jailor, District Jail to Superintendent, District Jail was put under a sealed cover procedure at the time of consideration of the juniors on 15.11.2018 on account of a pending Departmental enquiry since 29.07.2016 apart from Vigilance Case No.25 of 2016. The said Departmental enquiry culminated into imposition of major punishment of forfeiture of one increment with cumulative effect vide order dated 06.08.2021.
It is contended that in view of the aforesaid factual position read with the circular dated 18.02.1994, the respondent is not entitled to promotion with effect from the date his case was covered under sealed procedure. Thus, the learned Single Judge has misdirected itself in passing the impugned order dated 22.12.2021.
Learned counsel for the Caveator is also heard.
Issue notice for 17.10.2022.
Mr. Amit Kumar Saa, learned Counsel appears and waives off notice on behalf of the Respondent. Let a copy of the Writ Appeal be served on him within three working days.
Caveat is discharged.
In the meanwhile, the operation of the impugned order dated 22.12.2021 passed in W.P.(C) No.40308 of 2021 shall remain stayed.
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