( 1 ) THE petitioner was appointed as junior clerk in the Kheda District panchayat at Nadiad by order dated ,12-11-1968. He was placed under suspension on 12-7-1975 in connection with a criminal case. For the misconduct of remaining absent his services were terminated, but it appears that he was taken back in service on 16-2-1979. The clerical staff working in the District Panchayat were asked to give their option for remaining in clerical cadre or accounts cadre. The petitioner opted for accounts cadre. Under order dated 30-1-1981 the petitioner was promoted to the post of Senior Accounts clerk on adhoc and temporary basis. This promotion of the petitioner was subject to the approval by the Gujarat Panchayat Services Selection Board. The Board has not approved the promotion of the petitioner to the post of Senior Accounts Clerk and consequently under order dated 30th January, 1986 he was ordered to be reverted to the post of junior accounts clerk. The petitioner filed the present petition praying for direction to respondent no. 1 to allow the petitioner to serve on the post of senior accounts clerk by quashing the order of his reversion.

( 2 ) THE writ petition is contested by the respondents, and detailed reply has been filed. After going through the reply filed by the respondents and the averments made therein I find that the petitioner has not truly given out the facts of the case. Not only this, he has deliberately concealed the facts from this Court, which I will deal with in the later part of this judgment.

( 3 ) LEARNED counsel for the petitioner contended that reversion of the petitioner is wholly arbitrary. It has next been contended that many other persons in the office of the district Panchayat whose promotion has not been approved by the Selection Board were continued and as such discrimination is made in his case. It has further been contended that the reversion of the petitioner is contrary to the principles of natural justice. On the other hand Mr. D. A. Bambania, learned counsel for the respondents, contended that the service record of the petitioner was not unblemished. He contended that looking to the service record of the petitioner the Selection Board has not committed any illegality in not approving the promotion of the petitioner. It has next been contended that this Court will not sit as appellate authority over the decision of the Service Selection Board not to approve the promotion of the petitioner. Confidential Report of the petitioner for the year 1984-85 was not good. He was removed from service under order dated 12th July, 1976. He filed appeal against the said order. The Gujarat Civil Services Tribunal remanded the matter back to respondent No. 1. The charges levelled against the petitioner were proved, but the penalty of removal was substituted by lesser penalty. In view of these facts, learned counsel for the respondents contended that no interference of this court is called for.

( 4 ) I have given my thoughtful consideration to the submissions made by the learned counsel for the parties. I find that it is a case where the petitioner has made attempt to conceal material facts from this Court. The petitioner has concealed the fact that penalty of removal from service was imposed on him, which order has been set aside by the Tribunal and on remand the competent authority substituted the penalty of removal from service by some lesser penalty. These facts remain uncontroverted by the petitioner. The petitioner should have stated these facts in the writ petition. Concealment of the same disentitles the petitioner from getting any equitable relief from this court. Be that as it may. Otherwise also the petitioner has no case whatsoever in his favour. His confidential report for the year 1984-85 is not good, and I do not find any illegality in the decision of the Selection Boad not to approve his promotion. Temporary promotion given to the petitioner was subject to the approval of th