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2024 Supreme(Guj) 545

NIKHIL S. KARIEL
Ram Narayan Prasad Gupta S/o Saryuprasad Gupta – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Girish K Patel Adv.

ORDER :

1. Heard learned Advocate Mr. Girish K. Patel for the petitioner, who by way of this petition challenges orders dated 12.09.2012, 24.01.2013 and 22.03.2024, whereby the promotion issued to the petitioner is cancelled and representations there-against were rejected.

2. It would appear that the petitioner had been promoted vide an order dated 11.05.2012 from the post of Sub-Inspector, Fire to the post of Inspector, Fire. It appears that upon the promotion being given, the petitioner was required to give his willingness for accepting the promotional post, more particularly it appears that at the relevant point of time, the petitioner was selected for joining the UN Peace Keeping Force in Haiti. It appears that vide communication dated 18.06.2012, the petitioner has given his unwillingness for accepting the promotion to the rank of Inspector and whereas in the communication of unwillingness the petitioner has clearly mentioned as under :

    "I, No 984140037 (PSL No. 35) Rank SI/Fire Name RAM NARAYAN PRASAD GUPTA of CISF Unit PPT Paradip, am hereby certified that I am unwilling to assume the charge of Insp/Fire on promotion issued vide IG/ES HQrs Patna S.O. Pt I No 43/2012 issued unde

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