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denial of promotin

(Querist) 12 December 2008 This query is : Resolved 
I am a petitioner and i am a IPS officer in uttar pradesh.My promotion is due but they denied my promotion on the basis of only one missing annual confidential report.well i just want to know is there any supreme court judgement in my favour?? what should i do in that case???
legaleagle (Expert) 12 December 2008
you have the remedy to approach the bench of high court of your state having jurisdictin over your place of posting for ISSUING WRIT OF MANDAMUS SEEKING DIRECTION TO THE COMPETENT AUTHORITY TO CONSIDER YOUR CASE FOR PROMOTION. IN CASE YOU HAVE BEEN ANY WRITTEN COMMUNICATION THAT YOUR PROMOTION IS WITH HELD DUE TO MISSING OF ACR ,YOU SHOULD FILE WRIT OF CERRTORAI FOR QUASHING THE SAID WRIITTEN COMMUNICATION. AND ASK FOR INTERIM RELIEF FOR NOT PROMOTING ANY OTHER IN MEAN TIME. THANKS...
FOR DETAILS CALL ME ON 09814122467..
Prashant Kumar Jha (Expert) 13 December 2008
missing of ACR is the fault of the parent deptt that is not ur fault ,you can easily move to ur state's Hon'ble HIGHCOURT for ur grivances
Tribhuwan Pandey (Expert) 13 December 2008
Yes you have remedy under Article 226 of the constitutionof India through filing a writ petition for quashing the order by which your promotion has been denied and seek the direction for the authority to consider your promotion.

However the judgment of SC in your favour it depends on under what circumstances annual confidential report had been missed and what is your role in that context so that exact judgment may be provided.


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