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1996 Supreme(Guj) 630

S.D.SHAH
Bimal Motilal Rajvanshi – Appellant
Versus
STATE – Respondent


Advocates Appeared: D.A.Bhambhania, KETTY A.MEHTA

S. D. SHAH, J.

( 1 ) THE petitioner came to be appointed as PSI in the services of the State government, Home Department, vide order, dated 23. 7. 1975. It is his case that he has been permenently absorbed in the said post by order, dated 19. 2. 1978 and was serving as psi since then. It appears that some adverse remarks were posted in his confidential dossier for the years 1977-78, 1978-79 and 1979-80. Such adverse remarks were not actually adverse but could be construed as mixed remarks and the petitioner keeping such adverse remarks in his mind acted very efficiently and thereafter no adverse remarks were communicated to him. In the year 1989 vide order , dated 24. 6. 1989 persons junior to the petitioner were promoted to the post of PI (unarmed) though in favour of such persons there were adverse remarks and departmental enquiry and/or criminal proceedings were pending. Such persons were admittedly junior to the petitioner and the petitioner was left out and was not promoted to the post of PSI. The petitioner admittedly was at Sl. No. 802 in the seniority list while the persons who came to be promoted to the post of PI and who were junior to the petitioner were posted at Sl. No








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