K.M. HAMIMUN NISA Vs. STATE OF UTTAR PRADESH
LAWS(ALL)-1984-2-52
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on February 14,1984

K.M. Hamimun Nisa Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

K.N. Goyal, J. - (1.) ADMIT . Since a short question is involved in this writ petition, we propose to dispose it of finally. Learned Additional Chief Standing Counsel has instructions in the matter. He has stated that it is not disputed that through Annexure -7 the adverse entry for the year 1979 -80 and the second part of the adverse entry for the year 1977 -78 have been expunged. Only the first part of the adverse entry of the year 1977 -78 remains. It is to the effect that during the petitioner's tenure as Medical Officer Incharge, Maternity Home, the work did not pick up as of their maternity homes, due to her ineffective control over staff and strained relations with her seniors. This entry is six years old and should not remain as a permanent bar to her crossing the efficiency bar or to her further promotion. The matter should be considered in the light of the subsequent entries as well that they have been given in the character roll of the petitioner The only other matter standing in the way of her promotion is said to be the pendency of police investigation into an incident of 1977 involving wrong payment of three bills of the value of about Rs. 2,000 in respect of which the petitioner's complicity has not yet been established. All that is said is that the investigating agency has not yet exonerated the petitioner and submitted a final report. If police investigation remains pending for such a long period the same cannot stand in the way of the petitioner's advancement in service. If and when her complicity is established or any departmental proceeding or criminal prosecution comes to be instituted then suitable action can be taken against her. Subject to this the petitioner is entitled to consideration of her case both for crossing the efficiency bar and for promotion. The writ petition is allowed to this extent and a writ of mandamus is issued accordingly.;


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