Banshi Lal S/O Shri Hajari Lal vs State Of Rajasthan
2021 Latest Caselaw 1836 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 15429/2019

Banshi Lal S/o Shri Hajari Lal
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan
                                                                ----Respondent

For Petitioner(s) : Mr. Mahesh Gupta For Respondent(s) : Mr. P S Naruka for Mr. Rupin Kala, GC

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

18/02/2021

Both the counsels agreed that the case of the petitioner is

identical to that of Sanjay Sharma Vs. State of Rajasthan:

SBCWP No.15698/2019 wherein this Court passed an order

dated 17.12.2020 as under:-

"Learned counsel for the petitioner submits that in similar case of Kailash Chand Bohra Vs. State & Anr., S.B. Civil Writ Petition No.17238/2015 decided vide order dated 16.05.2017, the High Court has directed for opening the sealed cover.

Learned counsel submits that another person namely, Hanuman Ram Bishnoi against whom also proceedings are pending, has been considered and has been granted promotion by opening the sealed cover. Learned counsel has also relied upon the order (Annexure-8) dated 18.06.2019 to submit that the ACB proceedings have been initiated for the subsequent year.

This Court finds that the petition therefore cannot be disposed of at this stage in absence of counsel for the respondents.

Keeping in view the judgment passed in the case of Kailash Chand Bohra Vs. State & Anr. (supra), the sealed cover of the petitioner shall be opened and his promotion shall be provisional subject to the decision of this case."

(2 of 2) [CW-15429/2019]

The order was sought to be recalled which too was confirmed

vide order dated 27.01.2021 as under:-

"In the opinion of this Court, distinction relating to petitioner where all the other persons are identically situated cannot be made merely because of different years of promotion and while sealed cover of petitioner has not been opened in other cases, promotion has been given.

In view thereof, no case for recalling of order dated17.12.2020 is made out. The State Government may proceed with the compliance of the order dated 17.12.2020. The stay application stands disposed of.

Admit.

No notices are required to be issued as the respondents are duly represented by their counsel. Interim order is made absolute.

Put up in due course."

The present petitioner is also out of those who was involved

in the same FIR and have been suspended and thereafter have

been reinstated. Their case has been kept in sealed cover for

promotion.

In view of the aforesaid, the respondent/s are directed to

open the seal cover of the petitioner. The promotion shall be

subject to the decision of the case.

(SANJEEV PRAKASH SHARMA),J

NITIN /256

Powered by TCPDF (www.tcpdf.org)