HITENDRA PURSHOTTAMBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner has prayed following relief in paragraph 10:-

(2.) THE case of the petitioner is that he was appointed as Veterinary Doctor, Animal Husbandry Department in the year 1982. The criterion for promotion to the higher post in the Department of Animal Husbandry is seniority only. In the seniority list showing seniority of the petitioner as on 29th November 1985 he was at Sr. No.99. It is further case of the petitioner that in 2001, he filed one complaint against his superior officer one Shri Pravin Kantilal Joshi alleging that he had demanded Rs.20,000/- from him for recommending his name to transfer to Nadiad. On the basis of the complaint Shri Pravinbhai was trapped by Special ACB Case No.1 of 2001 and a case was registered against him. It is further the case of the petitioner that to take revenge, the petitioner was implicated in false corruption case in 2004. The petitioner has averred that in the said criminal case, the petitioner was acquitted by judgment and order dated 30th June 2008. It is the case of the petitioner that after the he was honourably acquitted by the Competent Court, he was expecting that his case would be considered for promotion to the higher post. However, bypassing the claim of the petitioner, the respondents promoted the officers junior to the petitioner by order dated 16th July 2009. On enquiry, the petitioner came to know that his case for promotion was not considered as the State Government had filed appeal against the judgment and order dated 30th June 2008 of acquittal. The petitioner has therefore, filed the present petition.

(3.) I have learned advocates for the parties.