ANIL KUMAR BACHUBHAI MANDAVIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Sompura, Ld, AGP waives service of the rule. By the consent of the learned advocates the matter is finally heard and will stand disposed of by this judgment.

(2.) The petitioner who is a Superintending Engineer in the employment of the Respondent- State of Gujarat, by this petition under Article 226 of the Constitution in Clause (b) of para 13 of the petition pray as follows:

(3.) Three main points were urged by Mr. Oza. L.A. for the petitioner, in support of the petition. Firstly according to Mr. Oza, the charges levelled against the petitioner in the charge-sheet dated December 16,1992 are all false and frivolous, and even as per the Government orders, G.Rs., Circulars and directions, the petitioner cannot be said to have committed any misconduct, even if the facts alleged in the charge-sheet are taken at their face value, and therefore, the charge-sheet dated December 16, 1992 issued to the petitioner should be quashed and set aside. Secondly, according to Mr. Oza., there is inordinate delay in the matter of issuance of the charge sheet to the petitioner and therefore also the charges should be dropped and the charge sheet should be quashed on the ground of that delay. Lastly Mr. Oza submitted that as now the top level committee, at its meeting held on February 16, 1993, has considered the case of the petitioner for promotion to the post of Chief Engineer, in view of the past good record of the petitioner and in view of the frivolousness of the charges levelled against the petitioner, the sealed cover procedure in the matter of promotion to the petition to the post of Chief Engineer should not have been followed, and the Respondent should be directed, to promote the petitioner to the post of Chief Engineer ignoring the charge- sheet, if by the decision of the top level comittee placed in the sealed cover, the petitioner, has otherwise been found fit for promotion to the post of Chief Engineer.