Laxman Singh Choudhary vs State Of Rajasthan ...
2023 Latest Caselaw 7880 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14200/2023

Laxman Singh Choudhary S/o Shri Bagh Singh, Aged About 54 Years, Resident Of Plot No. 288, Laxmi Nagar, Paota B Road, Jodhpur, Rajasthan, At Present Working As Police Inspector At Ps. Sadri, Dist. Pali, Rajasthan.

----Petitioner Versus

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

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

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

----Respondents

For Petitioner(s) : Mr. Rajesh Panwar, Sr. Advocate assisted by Mr. Gaurav Maru.

For Respondent(s) : Mr. Manish Vyas, AAG.

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

04/10/2023

Heard learned counsel for the parties.

Learned Senior counsel for the petitioner has pressed the

writ petition only for prayer No.4, therefore, prayer No.1 to 3 are

not pressed.

Learned Senior counsel submits that in the light of judgment

rendered by this court in S.B.Civil Writ Petition No.7119/2022

(Jhabbar Singh Charan V/s State of Rajasthan & Ors.) decided on

10.05.2023, the case of the petitioner may be considered for

promotion to the post of Deputy Superintendent of Police against

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the vacancies of year 2023-24 without taking into consideration

the penalty of censure.

Learned counsel for the respondents submits that the case of

the petitioner for promotion to the post of Deputy Superintend of

Police will be considered in accordance with law for the vacancies

of year 2023-24 without taking into consideration the penalty of

censure.

I have considered the submissions made at the bar and also

gone through the judgment dated 10.05.2023 passed by this court

in the case of Jhabbar Singh Charan (supra) wherein it has been

held:

"7. In Hemraj (supra) the Court, while relying upon the earlier judgment passed in the case of State of Rajasthan & Ors. vs. Manoj Kumar Machra & Ors. affirmed by the Division Bench in D.B. Special Appeal Writ No.662/2022, held as under:

"The writ petition of the respondent writ petitioner was accepted on the ratio of the Division Bench judgment in the case of State of Rajasthan Vs. Ashok Singhvi [2013 (4) WLN251] and the respondents were directed to consider the case of the respondent writ petitioner for promotion for the year 2021-22.

Learned AAG Mr. Vyas submits that as the respondent had been visited with the penalty of 'censure', he was not entitled to be considered for promotion.

We feel that the said argument of Mr. Vyas is untenable in view of the ratio of the Division Bench judgment in the case of State of Rajasthan Vs. Ashok Singhvi (supra), on which, reliance was placed by learned Single Bench while accepting the writ petition vide the order dated 07.03.2022which ex facie does not suffer from any infirmity whatsoever."

8. In the present matter, it is not disputed that the criteria for promotion is seniority-cum-merit and therefore, the ratio as laid down vide the above judgments would definitely apply. In the present petition, earlier, specific directions were issued to the respondent-Department and

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in pursuance to the same, result of DPC has been placed on record and as per the said result, the petitioner has been recommended for promotion.

9. In view of the settled proposition of law, the present writ petition is partly allowed. As the petitioner has already been recommended for promotion in the DPC, the orders qua his promotion be issued in terms of law within a period of one month from the date of receipt of the present order."

In view of the submissions made, the present writ petition is

disposed of with a direction to the respondents to consider the

case of the petitioner for promotion to the post of Deputy

Superintendent of Police for the vacancy of year 2023-24 without

taking into consideration the penalty of censure.

(VINIT KUMAR MATHUR),J 407-AnilSingh/-

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