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2009 Supreme(Raj) 1666

MOHAMMAD RAFIQ
S. N. Byadwal – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Ajeet Kumar Sharma, Advocate.
For the State: Zakir Hussain, Addl. Govt. Counsel.

JUDGMENT

1. - This writ petition has been filed by the petitioner with the prayer that respondents be directed to open the sealed cover containing recommendations of Departmental Promotion Committee qua him for promotion to the scale of Rajasthan Administrative Service against vacancies of 1987- 88 and grant him promotion to selection scale w.e.f. 21.4.1988 when his juniors were so promoted and further that he should be held entitled to all consequential benefits with interest @ 18% per annum.

2. Shri Ajeet Kumar Sharma, learned counsel for the petitioner argued that a first information report was lodged against the petitioner on 2.2.1984 for offences under Sections 420, 120-B IPC and Section 5 (1) (d) read with Section 5 (2) of Prevention of Corruption Act. Even if the matter was pending enquiry against petitioner in Anti Corruption Bureau, his case for promotion to selection scale became ripe against the vacancies of 1987-88 yet was liable to be considered by Departmental Promotion Committee along with cases of other similarly situated persons. DPC however illegally invoked sealed cover procedure in his matter and recommended promotions of others, which included many of his junior














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