Gaurav Amrawat vs State Of Rajasthan
2022 Latest Caselaw 12528 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15614/2022

Gaurav Amrawat S/o Shri Sohandan, Aged About 49 Years, R/o 11, Shakti Sadan, Ram Mohalla, Jodhpur (Raj.), At Present Working As Inspector, Pts, Jodhpur.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Department Of Home, Government Of Rajasthan, Jaipur.

2. The Director General Of Police, Jodhpur, Rajasthan.

3. The Inspector General Of Police, Jodhpur Range, Jodhpur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. C.S. Kotwani.

For Respondent(s) :

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

19/10/2022

It is submitted by learned counsel for the petitioner that the

circular dated 26.07.2006, is contrary to various judgments of this

Court, which have held that despite penalty of censure, a person

cannot be deprived of his consideration for promotion on the

criteria of Seniority-cum-Merit.

Reliance has been placed on Ram Khilari Meena v. State of

Raj. & Ors.: Special Appeal (Writ) No. 470/2007, decided on

23.09.2010, which has been followed in Jai Singh v. State of Raj.

& Ors.: SBCW No. 12267/2009, decided on 04.02.2011.

In view of the submissions made, issue notice. Issue notice

of the stay application also, returnable in four weeks.

(2 of 2) [CW-15614/2022]

Notices when issued be given 'dasti' to the learned counsel

for the petitioner.

In the meanwhile, in case, the DPC is held and the petitioner

is otherwise eligible for consideration, the case of the petitioner

for promotion shall be considered provisionally by the DPC,

however, the said consideration shall remain subject to the final

outcome of the present writ petition and shall not be

implemented.

(ARUN BHANSALI),J 303-PKS/-

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