Santosh Kumar Poonia vs State Of Rajasthan
2021 Latest Caselaw 16325 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                S.B. Civil Writ Petition No. 14555/2021

Santosh Kumar Poonia S/o Shri Amar Singh, Aged About 50
Years, Resident Of V.p.o. Chandgothi, Tehsil Rajgarh, District
Churu (Rajasthan).
                                                                      ----Petitioner
                                      Versus
1.      State     Of     Rajasthan,          Through          Secretary,   Finance
        (Revenue), Government Of Rajasthan, Secretariat, Jaipur.
2.      Joint Secretary To The Government, Department Of
        Finance (Excise), Government Of Rajasthan, Secretariat,
        Jaipur.
3.      Excise Commissioner, Rajasthan, Udaipur.
4.      Shri Sudarshan Singh Bhati, Assistant Excise Officer,
        Sirohi.
                                                                   ----Respondents


For Petitioner(s)           :     Mr. Mukesh Rajpurohit
For Respondent(s)           :     Mr. Girish Sankhla



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                       Order

27/10/2021

     In wake of second surge in the COVID-19 cases, abundant

caution is being maintained, while hearing the matters in Court,

for the safety of all concerned.

     Learned counsel for the petitioner has relied 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 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



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                                   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.

                                        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.



                                                                (DR.PUSHPENDRA SINGH BHATI),J.

105-Zeeshan

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