Minor penalties, such as a Censure, do not disqualify an eligible candidate from promotion based on seniority-cum-merit in the Rajasthan Police State Services.

JUDGMENT

Learned counsel for the petitioner has submitted an affidavit dated 26.10.2021 furnished by the petitioner which is taken on record.

Learned counsel for the petitioner submits that he, an Inspector for last about nine years, is otherwise eligible for promotion to the Rajasthan Police State Services (RPS Cadre) but, the respondents are not remitting his name for consideration of DPC on account of two minor penalties of Censure. He submits that although, the circular dated 26.07.2006 issued by the respondents bars promotion even on account of award of penalty of Censure but, there is overwhelming view of this Court to the effect the minor penalty cannot come in the way promotion if it is based on seniority-cum-merit which is the position obtaining in the instant case. He placed reliance upon the judgment of this Court in case of Ram Khilari Meena versus State of Raj. & Ors.: Special Appeal (Writ) No.470/2007, decided on 23.09.2010, which has been followed in Jai Singh versus State of Raj. & Ors.: SB CW No.12267/2009, decided on 04.02.2011 as also in the case of Shankarlal Balai v. State of Rajasthan, SB Civil Writ Petition No.7717/2008 decided on 07.10.2009.

Issue notice to the respondents. Notices be filed in two sets. One set of notices be sent through registered post with acknowledgment due. Steps to be taken within three days.

List the matter on 15.11.2021.

Heard learned counsel for the petitioner for interim relief. The promotion in the RPS Cadre is based on the criteria of seniority-cum-merit. Therefore, in view of the judgment of this Court in cases of Ram Khilari Meena (supra), Jai Singh (supra) & Shankarlal Balai (supra), this Court deems it just and proper to direct the respondents to remit the case of the petitioner for consideration by the DPC for promotion.