Jhabbar Singh Charan vs State Of Rajasthan
2023 Latest Caselaw 2602 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Writ Petition No. 7119/2022

Jhabbar Singh Charan

----Petitioner Versus State of Rajasthan

----Respondent

For Petitioner(s) : Mr. Rajesh Panwar, Sr. Advocate with Mr. Ayush Gehlot For Respondent(s) : None present

HON'BLE MS. JUSTICE REKHA BORANA

Order

29/03/2023

The matter was listed yesterday and as none had appeared

for the respondents and because of the urgency pleaded by

learned counsel for the petitioner, the matter was directed to be

listed today.

Today also, none has appeared on behalf of the respondents.

Learned counsel for the petitioner submits that in pursuance

to the interim order dated 25.05.2022, the case of the petitioner

has been considered by the DPC but result of the same has been

kept in a sealed cover. He submits that the punishment of

stoppage of one annual grade increment as imposed by the

Inquiry Officer vide order dated 31.08.2017 has been reduced by

the Appellate Authority vide order dated 01.05.2018 to

punishment of censure. He submits that it is the settled

proposition of law that penalty of censure would not come in way

of promotion where criteria of promotion is seniority-cum-merit.

He relied upon a judgment of this Court in the case of Rajendra

(2 of 2) [CW-7119/2022]

Singh Rao vs. State of Rajasthan & Ors.; S.B. Civil Writ

Petition No.8482/2008 decided on 19.11.2010. Therefore, the

punishment as imposed, even if affirmed, would not in any

manner affect his right to promotion. He therefore, prays that

result of the DPC kept in a sealed cover may be called for by this

Court and the same may be opened.

None has appeared to oppose the said submissions of

learned counsel for the petitioner.

Therefore, learned counsel for the respondents is directed to

place on record result of the DPC qua the petitioner by the next

date.

Let the matter be listed on 19.04.2023.

(REKHA BORANA),J 72-T.Singh/-

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