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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA
Principal Secretary, School Education, Government Secretariat, Jaipur – Appellant
Versus
Dalbir Singh, S/o. Shri Ishwari Prasad – Respondent
JUDGMENT :
ANAND SHARMA, J.
1. By way of filing this writ petition, petitioner-State Government has challenged order dated 04.11.2025 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur in Appeal No.2073/2025, whereby while allowing the appeal filed by the respondent-employee, directions have been given to promote the respondent on the post of District Education Officer or Equivalent Post against the vacancies of the year 2023-2024 on being found otherwise eligible, along with all consequential benefits.
2. Learned counsel appearing for the petitioners submitted that on account of commission of serious misconduct, one charge- sheet under Rule 16 of Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short 'the Rules of 1958') dated 22.06.2020 was issued against the respondent-employee and after conducting departmental enquiry in accordance with rules, vide order dated 25.07.2024 penalty of withholding one grade increment without cumulative effect was imposed upon respondent-employee.
3. Learned counsel for the petitioner submitted that thereafter, the departmental promotion committee (DPC) convened its meeting on 11.02.2025 for considering candi
The penalty of censure does not bar promotion based on seniority-cum-merit criteria, allowing reconsideration for the post of Superintendent of Police.
The main legal principle established in the judgment is that the provisions of the Office Memorandum dated 14th September, 1992, regarding the findings of the sealed cover and the imposition of penal....
An employee penalized for misconduct cannot retroactively claim promotion benefits, affirming that promotion eligibility is contingent upon an unblemished conduct record.
Service Law - Non- implementation of order of promotion - Appointments of officers are subject to DAR/Vigilance/ Criminal case clearance by Railways - Officers should be advised that above officiatin....
The Court reinforced that promotional eligibility is contingent upon the resolution of disciplinary proceedings and adherence to operational circulars.
Promotion cannot be denied solely based on the number of past punishments without considering their nature and timing, ensuring equal treatment under Article 14.
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