JUDGMENT

D.B. CIVIL SPECIAL APPEAL(WRIT) NO.310/2013 THE STATE OF RAJASTHAN & ORS. Vs. KISHORE CHAND CHANDAWAT & ANR.

DATE:13.07.2015 HON'BLE THE CHIEF JUSTICE MR. SUNIL AMBWANI HON'BLE MR.JUSTICE VIJAY BISHNOI Mr. Vineet Kumar Mathur, for the appellants.

Mr. Manoj Bhandari, for the respondents.

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REPORTABLE

1. The delay in filing the Special Appeal has been sufficiently explained and is not opposed by learned counsel appearing for the respondents.

2. The application under Section 5 of the Limitation Act is allowed.

3. We have heard learned counsel appearing for the parties and find that the questions raised before us, as rightly held by learned Single Judge, are covered by the judgment of the Division Bench of this Court, in D.B. Civil Special Appeal(Writ) No.232/2013-State of Rajasthan &

Ors. Vs. Dr. Ashok Singhvi, decided on 06.08.2013.

4. The Division Bench, held, with reference to the Circular dated 26.07.2006, that a person awarded censure entry, cannot be denied consideration by the Departmental Promotion Committee, on administrative instructions issued by the State Government, in pursuance to the statutory rules, which provides for consideration on acquiring eligibility by an em