Petitioner challenged non-consideration for promotion due to charge sheet status. Court found condition regarding non-field posting and promotion barrier had been set aside. Petition declared infructuous and dismissed due to changed circumstances and final punishment.
Petition dismissed as infructuous on account of changed circumstances and final punishment.
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CW 2209/96
[1]
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH
S.B. Civil Writ Petition No.2209/96
Vasakha Singh Versus State
DATE OF ORDER : 03/11/2009 HON'BLE MR. JUSTICE AJAY RASTOGI
Mr. S.P. Sharma, for petitioner Mr. S.D. Khaspuria, Addl. Govt. Counsel, for respondents
Instant petition has been filed by petitioner
assailing the condition incorporated by the
respondents of two years non-field posting for
the purpose of consideration for further
promotion under the Rules.
However, it has not been disputed that
condition referred to of two years of non-field
posting, has been set aside by this Court. But,
the petitioner was not considered for promotion
for the post of Executive Engineer against the
vacancies of 1995-96 on the premise that he was
charge sheeted U/r.16 of CCA Rules vide
memorandum dt.22nd May, 1992. However, in a
departmental inquiry initiated against the
petitioner he has been finally punished with the
penalty of stoppage of 20% pension for five years
CW 2209/96 [2]
vide order dt.25th October, 1999 and because of
pendency of inquiry, it appears that he could not
be considered for promotion against the vacancies
of 1995-96.
It has been further brought to the notice of
this Court that the Special Appeal No.1290/96
preferred by petitioner against the charge sheet
served upon him, has also been dismissed on
account of penalty being inflicted upon him vide
order dt.25th October, 1999.
On account of change in circumstances and so
also fact of petitioner being finally punished
vide order dt.25th October, 1999, present petition
hasbecomeinfructuousandaccordingly,
dismissed.
[AJAY RASTOGI], J.
FRBOHRA2209CW96 3-11.doc
Vasakha Singh
State
AJAY RASTOGI
As recorded by the court registry
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