A.P. Singh, J. - (1.) THE petitioner is Sub -Inspector of police since 1974. For qualifying for promotion as Circle Inspector, he appeared before selection committee in the years 1986 -87 but his result was not declared and his result was kept in sealed cover to await the conclusion of some C.B., C.I.D. enquiry being held against the petitioner in respect of criminal case No. 181 of 1981 under Sections 395, 397, 342 and 120, I.P.C. registered in P.S. Sardhna, District Sitapur. The petitioner awaited for the conclusion of the said enquiry by the C.B. C.I.D. since 1986 -87 and ultimately he has filed this writ petition with the prayer that the respondents may be directed to open the sealed cover and to declare the result of the petitioner in respect of the selection for the post of Circle Inspector held in 1986 -87. A counter affidavit has been filed on behalf of the State Government in which no reasons have been given for not declaring the result and for keeping the result sealed till this time except that the C.B. C.I.D. enquiry is being held and has not yet concluded. It is an admitted fact between the parties that no charge -sheet in respect of the said criminal case has been submitted in the court so far. The petitioner has relied on the G.O. dated 29 -6 -1972, Annexure 2 to the rejoinder affidavit. In the said G.O. the Government has deprecated the practice of withholding the promotion of the Government servants simply on the ground of pendency of the C.I.D. enquiry for a very long period. In the said G.O. the Government has desired that irrespective of the pendency of the enquiry by the vigilance the promotion of the incumbent should not be delayed. The said G.O. also that the result should be kept in sealed envelop in respect of such Government servants against whom departmental enquiry is being held and the said incumbent is placed under suspension and the incumbents against whom enquiry by the C.I.D. is being held, their promotion should not be delayed. From the abovementioned G.O. it is clear that the petitioner's promotion is illegally being held up on the ground of enquiry the C.I.D in criminal case No. 181 of 1981 which is under investigation for a period extending for over ten years. There cannot be any justification for withholding the promotion of a Government servant indefinitely. As observed by the Government in its G.O. dated 29 -6 -1972, it causes severe and irreparable loss to the Government servant concerned if ultimately it is found that no case is made out against the Government servant. No other ground has been disclosed in the counter -affidavit justifying the withholding of the result of the petitioner in respect of his selection in the year 1986 -87. In the circumstances the petitioner is entitled for declaration of his result of the selection held in the year 1986 -87.
(2.) THE writ petition is accordingly allowed. The respondents are directed to open the sealed envelope of the petitioner concerning his selection on the post of Circle Inspector (List II) held in the year 1986 -87 within a period of one month from the date a certified copy of this order is filed by the petitioner before the respondents. In view of the fact that the petitioners result of the selection of the year 1986 -87 has been illegally withheld for such a long time in the teeth of the specific Government Order dated 29 -6 -1972 which has obviously caused a lot of harassment and loss to the petitioner. In the circumstances, I direct the Government to pay costs of the writ petition to the petitioner which is quantified for a sum of Rs. 1000.;