STATE OF GUJARAT Vs. NARESHKUMAR SHASHIKANT PAREKH

JUDGEMENT

(1.) A short but interesting question which has come up for our consideration and adjudication in this Letters Patent Appeal by invoking clause 15 of the Letters Patent against the judgment of the learned Single Judge rendered on 6.9.2001 in writ petition no. 3081 of 2001 whereby the respondent-original petitioner succeeded in claiming his right for promotion as he was already included in the select list prepared for the purpose of promotion.

(2.) A few relevant and material skeleton projection of facts may be highlighted at the outset so as to appreciate merits and challenge against the appeal on hand.

(3.) The respondent is the original petitioner who joined as Inspector of Notified Factories in the Government of Gujarat on 1.5.1982. His name was also included in the select list by the Departmental Promotion Committee held, on 16.11.1999. The appellant State of Gujarat upon receipt of a complaint of bribe on 28.3.2001, against the respondent, the Vigilance Commission recommended for the initiation of the departmental proceedings, as well as, criminal prosecution. The appellant State therefore, took a conscious decision to initiate departmental, as well as, criminal proceedings against the respondent, on 31.3.2001. In the meantime, the persons who were senior to the respondent in the select list for the post of Junior Inspector of Factories, came to be promoted by the appellant by its order dated 4.7.2000. The respondent was due to be promoted on 11.4.2001, but on account of earlier conscious decision to initiate departmental proceedings as well as criminal prosecution taken on 31.3.2001, seven persons junior to the respondent came to be promoted and the promotion of the respondent was not released in view of the aforesaid decision as he was to be departmentally dealt with and he had to face criminal prosecution and charge of bribery. Obviously, therefore, the respondent officer got agitated as his promotion was withheld and juniors were promoted.