Citation : 2021 Latest Caselaw 16153 Raj
Judgement Date : 25 October, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14690/2021
Bhura Ram Khileri S/o Shri Purkha Ram, Aged About 46 Years,
Presently Working As Police Inspector Special Operation Group
Unit, District Ajmer, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Home, Government Of Rajasthan,
Secretariat, Jaipur, Rajasthan.
2. Director General Of Police, Jaipur, Rajasthan.
3. Deputy Inspector General Of Police (Personnel), Jaipur,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Navneet Singh Birkh
For Respondent(s) : Mr. Manish Vyas
Mr. Kailash Choudhary
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
25/10/2021
1. In the wake of second surge in the COVID-19 cases, the
Court is functioning virtually and abundant caution is being
maintained for the safety of all concerned.
2. Admit. Issue notice.
3. Mr. Manish Vyas, learned AAG accepts notice on behalf of the
respondents.
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)
No.232/2013 and judgment dated 13.07.2015 in The State of
(Downloaded on 26/10/2021 at 09:28:40 PM)
(2 of 2) [CW-14690/2021]
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.
6. List alongwith SBCWP No.8798/2020.
(DR.PUSHPENDRA SINGH BHATI),J.
253-Sanjay/-
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