Chug Singh vs State Of Rajasthan
2021 Latest Caselaw 10257 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8798/2020

Chug Singh S/o Shri Jaam Singh, Aged About 58 Years, R/o Rai Ka Baag, Jodhpur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Home, Govt. Secretariat, Jaipur (Raj.).

2. Joint Secretary, Department Of Personnel, Govt.

Secretariat, Jaipur (Raj.).

3. Director General Of Police, Police Head Quarter, Lal Kothi Scheme, Jaipur (Raj.).

----Respondents

For Petitioner(s) : Mr. Manoj Bhandari Mr. Gajendra Singh Rathore For Respondent(s) : Mr. Manish Vyas, AAG Mr. Kailash Choudhary

JUSTICE DINESH MEHTA

Order

07/07/2021

1. Admit. Issue notice.

2. Mr. Manish Vyas, learned AAG accepts notice on behalf of the

respondents.

3. Mr. Bhandari, learned counsel for the petitioner prays for

staying effect and operation of the order dated 07.07.2020

(Annex.5), inter alia stating that if the said order is not stayed, it

will come in petitioner's way of getting promotion.

4. In support of his contention aforesaid, he relies upon a

Division Bench judgment dated 06.08.2013, rendered in State of

Raj. & Ors. Vs. Dr. Ashok Singhvi : D.B. Special Appeal (Writ)

(2 of 2) [CW-8798/2020]

No.232/2013 and judgment dated 13.07.2015 in The State of

Rajasthan & Ors. Vs. Kishore Chand Chandawat & Anr. : D.B. Civil

Special Appeal (Writ) No.310/2013 and argues that since the

criteria for promotion is seniority-cum-merit, the penalty of

censure cannot come in petitioner's way and respondents are

under legal obligation to consider his case for promotion.

5. In view of the aforesaid, present stay application is disposed

of with the direction to the Departmental Promotion Committee to

consider petitioner's case for promotion, if he is otherwise found

meritorious and otherwise eligible. His promotion (if given) shall

however remain subject to ultimate outcome of the writ petition.

(DINESH MEHTA),J 156-Ramesh/-

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