- (1.) HEARD learned Counsel for the petitioner Sri Usman Siddiqui, learned Standing Counsel for State of U. P. and Dr. R. K. Srivastava, learned Counsel for U. P. Public Service Commission.
(2.) THE short question involved in this case is that according to the petitioner, his case is not being considered for promotion to the post of Assistant Engineer in the Irrigation Department. One the matter relating to the petitioner was pending in the Court of Special Judge, Bijnor, therefore, the recommendations were kept in a sealed cover. THE petitioner submits that the sealed cover has come before this Court and it be opened for the reason that he has been acquitted by Special Judge, Bijnor in way back in year 1988 and the authorities (respondents) have no right to keep his recommendation in sealed cover. Learned Counsel for the petitioner submits that his case is squarely covered by AIR 1991, p. 2010, Union of India and others v. K. V. Jankiraman and others. Learned Counsel for the State of U. P. informs that against the acquittal, a revision is pending before this Court at Allahabad and the learned Counsel for the parties are not aware that whether there is any interim order in this case. We are of the considered opinion that the revision is not continuation of trial proceedings and accordingly we find that the petitioner is attaining the age of 58 years in the month of December, 2001 and is suffering irreparable loss for being the recommendations kept in sealed cover and in the interest of justice a direction is needed to be issued. Learned Counsel for the parties informs that the recommendation kept in the sealed cover are to be opened by the U. P. Public Service Commission in presence of Departmental Promotion Committee.
(3.) IT has come in the light that the petitioner has already been acquitted in the criminal case. In the light of above, we direct the respondents and U. P. Public Service Commission to open the sealed cover containing recommendation of the petitioner with regard to the promotion of the petitioner to the post of Assistant Engineer within ten days from today and pass necessary orders. With the above direction, the writ petition stands disposed of. Copy of order be furnished to the learned Counsel for the petitioner within 48 hours on payment of usual charges. Writ Petition disposed of. .;