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HEMANT M. PRACHCHHAK
Suresh Arjanbhai Ahir – Appellant
Versus
State Of Gujarat Thro Secretary – Respondent
JUDGMENT :
1. The petitioner has preferred present petition, under Articles 14, 16 and 226 of the Constitution of India challenging the impugned action on the part of the respondents for not considering the case of the petitioner for the promotion of the Assistant Sub Inspector, with below mentioned prayer:-
(B) Declare that the petitioner is entitled to have his seniority in Jamnagar District being the parent district and the action of the respondents in not promoting the petitioner as ASI along with the persons who are promoted by order dated 20.9.2012 is unjust, improper, bad in law in as much as the persons namely Shailesh Ramniklal Babaria, Bhupendrasinh Babubha Jadeda, Aniruddhsinh Ranjitsinh Jhala and Kishorchandra Narandas Gohil and Bipinkumar Jethalal Vala, Nalinbharthi Bhimbharthi Bharthi are the persons junior to petitioner and yet they are promoted under the said order dated 20.9.2012 and be further pleased to direct the respondents to maintain seniority of the petitioner in Jamnagar District before Shailesh Ramniklal Babaria and further direct the respondents to grant promotion as ASI to the petitioner with effect from 20.9.2012 with all cons
The main legal point established in the judgment is that the promotion of the petitioner to the post of Assistant Sub Inspector (ASI) in 2017 was justified, as it was granted after the completion of ....
The right to be considered for promotion is a fundamental right under Articles 14 and 16 of the Constitution of India, and denial of timely consideration constitutes a violation of these rights.
Denial of promotion based on mere inquiry without formal charges is arbitrary and violates the right to be considered for promotion under Article 16(1).
Post-acquittal and exoneration, employee entitled to retrospective promotion from juniors' date, rejecting sealed cover permanence.
Promotion cannot be denied solely based on the number of past punishments without considering their nature and timing, ensuring equal treatment under Article 14.
Supersession of senior eligible officer for promotion without recorded reasons or hearing violates Articles 14, 16 and natural justice.
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