Ramesh Chand Tiwari Son Of Shri ... vs The Principal Secretary, ...
2021 Latest Caselaw 5970 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 11798/2021

Ramesh Chand Tiwari Son Of Shri Satyanaryan Tiwari
                                                                     ----Petitioner
                                     Versus
The Principal Secretary, Department Of Personnel & Anr.
                                                                  ----Respondents

For Petitioner(s) : Mr. Laxmi Kant Sharma For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

26/10/2021

Learned counsel for the petitioner has submitted an affidavit

dated 26.10.2021 furnished by the petitioner which is taken on

record.

Learned counsel for the petitioner submits that he, an

Inspector for last about nine years, is otherwise eligible for

promotion to the Rajasthan Police State Services (RPS Cadre) but,

the respondents are not remitting his name for consideration of

DPC on account of two minor penalties of Censure. He submits

that although, the circular dated 26.07.2006 issued by the

respondents bars promotion even on account of award of penalty

of Censure but, there is overwhelming view of this Court to the

effect the minor penalty cannot come in the way promotion if it is

based on seniority-cum-merit which is the position obtaining in the

instant case. He placed reliance upon the judgment of this Court

in case of Ram Khilari Meena versus State of Raj. & Ors.:

Special Appeal (Writ) No.470/2007, decided on

23.09.2010, which has been followed in Jai Singh versus

(2 of 2) [CW-11798/2021]

State of Raj. & Ors.: SB CW No.12267/2009, decided on

04.02.2011 as also in the case of Shankarlal Balai v. State of

Rajasthan, SB Civil Writ Petition No.7717/2008 decided on

07.10.2009.

Issue notice to the respondents. Notices be filed in two sets.

One set of notices be sent through registered post with

acknowledgment due. Steps to be taken within three days.

List the matter on 15.11.2021.

Heard learned counsel for the petitioner for interim relief.

The promotion in the RPS Cadre is based on the criteria of

seniority-cum-merit. Therefore, in view of the judgment of this

Court in cases of Ram Khilari Meena (supra), Jai Singh (supra)

& Shankarlal Balai (supra), this Court deems it just and proper

to direct the respondents to remit the case of the petitioner for

consideration by the DPC for promotion.

(MAHENDAR KUMAR GOYAL),J

Manish/77

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