C.L.SONI
ANILKUMAR B PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent
1. These petitions were initially filed with the prayer to quash and set aside the show-cause notice dated 45.3.09 and charge sheet dated 23.2.2012.
2. In both the petitions, the Court, after hearing the learned advocates for the parties, passed order dated 13th April, 2012 issuing rule and making it returnable on 20th August, 2012 and passed below mentioned further order:
“B. In the meanwhile, if the competent authority takes any decision in light of and on the basis of the report–recommendation of the Departmental Promotion Committee, then at the time of consideration, the case of the petitioners may not be kept out of consideration only on the ground that the proceedings are pending against the petitioners.
C. If before expiry of period of 3 months (during which the departmental proceedings are required to be completed) the competent authority declare and grant promotions, then two posts may be kept vacant until the expiry of the period granted for completion of inquiry/until the departmental proceedings against the petitioners expires and decision with reference to the petitioners, until then may be kept in sealed cover which will be subject to result of the departmental i
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