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FARJAND ALI
Dinesh Kumar Mathur, S/o. Late Shri S. N. P. Mathur – Appellant
Versus
State Of Rajasthan, Through The Secretary, Department Of Prsonnel, Government of Rajasthan – Respondent
ORDER :
(Farjand Ali, J.)
1. The petitioner has preferred the instant writ petition under Article 226 of the Constitution of India seeking a direction for the respondents to grant him promotion on the post of Superintendent of Police (Wireless) against the vacancy of year 2008-09 and then consider his case for promotion to the post of Director, Police Telecommunication.
2. Briefly stated, facts of the case are that the petitioner was initially appointed on the post of Deputy Superintendent of Police in the year 1985 at Police Telecommunication. He was granted promotion to the post of Additional Superintendent of Police in the year 1994. The respondent department offered him promotion to the post of Superintendent of Police (Telecommunication) vide order dated 16.11.2005, however, he forego the said promotion and communicated his non-acceptance, which was accepted vide order dated 03.02.2006. Thereafter, one Jhabbe Singh was given promotion on the said post, who superannuated in the year 2007 and then the post became vacant. As per Rule 28AA of the Rajasthan Police Service Rules, if a person forgoes promotion through written request and if the concerned Appointing Authority accepts hi
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.
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.
The main legal point established in the judgment is that a petitioner, fully exonerated from a minor punishment, is entitled to be considered for promotion from the date when his juniors were promote....
The right to be considered for promotion is a fundamental right, and the order of punishment imposed against the petitioner did not comply with the requirements of G.O.Ms.No.342, dated 04.08.1997.
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