N K BELLANEY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the order of the learned single Judge in Special Civil Application No. 3159 of 1982. The petitioner in the Special Civil Application is the appellant in this Letters Patent Appeal and the respondent in the Special Civil Application is the respondent in this Letters Patent Appeal.

(2.) The appellant who was in the cadre of a District Health Officer was given promotion as Zonal Officer (Malaria) Class 1 on 14-7-1980. However without assigning any reason and without even putting on notice the appellant of the action to be taken his promotion was kept in abeyance. The appellant would say that this happened pursuant to a telegram from the Secretary Health Department received by the concerned District Development Officer on 16th July 1980. Admittedly on that day there was no disciplinary proceedings pending against the appellant. It is found that the disciplinary proceedings were subsequently prosecuted and the appellant was on 2 visited with a punishment of stoppage of two increments with future effect. It must be noted that the appellant was also kept under suspension pending the disciplinary proceedings. The appellant came to this Court preferring the above Special Civil Application putting forth the main prayers as follows:

(3.) The learned single Judge who dealt with the Special Civil Application was asked to examine the propriety of withholding of the promotion accorded to the appellant. The learned single Judge did not find any infirmity tainting the order keeping in abeyance the promotion accorded to the appellant and further did not find any warrant to interfere with the order of penalty imposed on the appellant on 2-4-1981 and as a result rejected the Special Civil Application.