JUDGMENT
Petitioner is an Assistant Sub Inspector of Police. According to him, on account of the pendency of a Vigilance case, he is not considered for promotion to the post of Sub Inspector of Police. It is in these circumstances, the writ petition has been filed praying for a direction for considering him for promotion.
2. Learned Government Pleader confirms that it was because of the pendency of the vigilance case as also the criminal case that he is not considered for promotion. Irrespective of the pendency of the criminal cases, a Government servant is entitled to be considered for promotion as and when candidates are considered for promotion by the DPC. In such cases, the DPC is to consider the case adopting sealed cover procedure. Therefore, the petitioner is entitled for a direction to the respondents to consider his claim for promotion adopting sealed cover procedure. This view has been taken by this Court in Ext.P6 judgment in WP (C) No. 28088/2009.
Having regard to the above, the writ petition is disposed of directing the respondents that if the petitioner is otherwise eligible, his claim for promotion should be considered along with others adopting sealed cover procedure.
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