YASEENKHAN FATEHKHAN PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed by the petitioner for following reliefs:-

(2.) It is a case where decision dtd. 10/11/2021 issued by the respondent No.2 whereby the request of the petitioner as contained in the written submissions dtd. 31/8/2021 for giving promotion to the post of Sub-Inspector of Police (unarmed) in view of judgment/order dtd. 9/8/2021 passed by this court in Special Civil Application no. 1985 of 2021, came to be rejected on the ground that proceedings pertaining to FIR being I-CR No.15 of 2015 dtd. 21/9/2015 with ACB Police Station, Palanpur was pending against the petitioner.

(3.) Learned advocate for the petitioner submits that the petitioner has cleared the Mode-3 examination in theyear 2017 and the same was subsequently given effect to when the list was prepared of successful candidates, in which the petitioner was considered as having cleared the said Mode-3 examination and entitled to promotion to the next level of Sub-Insp ector of Police. Further, no departmental proceedings have been Initiated against the petitioner and the charge-sheet came to be filed on 2/1/2020 for the alleged offence which was registered in the year 2015 i.e. after a period of five years. The case against the petitioner came to be registered as Special Case No.1 of 2020 dtd. 2/1/2020 prior to which the petitioner had already cleared the examination and was entitled to promotion.