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MAHENDAR KUMAR GOYAL
Ramesh Chand Tiwari – Appellant
Versus
Principal Secretary, Department of Personnel – Respondent
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
The penalty of censure does not bar promotion based on seniority-cum-merit criteria, allowing reconsideration for the post of Superintendent of Police.
Promotion cannot be denied solely based on the number of past punishments without considering their nature and timing, ensuring equal treatment under Article 14.
Rule 11 of the CCS (CCA) Rules, 1965 provides for major and minor penalties.
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