Kishore Singh Bhati vs State Of Rajasthan
2021 Latest Caselaw 16335 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                S.B. Civil Writ Petition No. 14395/2021

Kishore Singh Bhati S/o Shri Sardul Singh Bhati, Aged About 49
Years, Resident Of 112- Brij Bawdi, Opposite Cbi Office, Lal
Sagar, Jodhpur.
                                                                      ----Petitioner
                                     Versus
1.      State    Of   Rajasthan,        Through         The       Secretary,   Home
        Department, Secretariat, Jaipur, Rajasthan.
2.      The Director General Of Police, Jaipur, Rajasthan.
3.      The Commissioner (Police), Jodhpur.
                                                                   ----Respondents


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



     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

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.

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                                        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.

124-Zeeshan

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