GOVINDBHAI RAMJIBHAI BHALKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has approached this Court with the prayer that, 'restrain the respondents from considering and promoting any employee for Class-I post in the Department of Civil Supplies without considering and promoting the petitioner in the vacant posts at Ahmedabad, Gandhinagar and Godhra'. The petitioner also prayed that, 'declare that the action of the respondents in not considering the petitioner for promotion to the post of Class-I in the Department of Civil Supplies is arbitrary, illegal, null and void.' He also sought a declaration to the effect that, 'declare the action of the respondents in issuing charge sheet and commencing false enquiry as arbitrary, illegal, null and void and quashing and setting aside the same.' The petitioner also sought declaration to the effect that, 'declare the action of the respondents in not completing the enquiry even after more than 2 1/2 years is arbitrary, illegal, null and void. Last but not the least the petitioner prayed that, 'the action of the respondents in not issuing charge sheet and conducting departmental enquiry against other employees who were in a team in which the petitioner was working and for which work the allegations have been levelled against the petitioner by a charge sheet in September 1988 is arbitrary, illegal, null and void."

(2.) The facts of the case are that, 'the petitioner was serving as Assistant Director, Class II in Food & Civil Supplies Department, under the Directorate of Civil Supplies, the respondent herein. The petitioner had initially joined the Department in the capacity of Junior Inspector with effect from 01.10.1964. He then got promoted to the post of Head Clerk by order dated 01.05.1972, effective from 20.03.1972. Later on the petitioner was promoted to the post of Assistant Director, Class II on 23.01.1984'. It is the say of the petitioner that, 'promotion from the post of Assistant Director lies to the post of 'Deputy Director', Class I and he was eligible for promotion to the said post, he was not promoted, hence in the year 1991, he filed this petition. As mentioned in para 10 of the petition, three posts of Deputy Director at Ahmedabad, Gandhinagar and Godhra were vacant, but the petitioner was not promoted to any of these posts. The petitioner made representation/s on 30.07.1990, 11.08.1990, 07.09.1990 and last but not the least on 25.09.1990 a copy of which is produced on record of this Special Civil Application. It is the case of the petitioner that even thereafter, he continued to make oral and written representations but as the copy of those representations are not available with him he has not annexed the same. The petitioner has mentioned in para 10 of the petition that in 1989 he was informed that his representation is taken note of, but in reality nothing was done, a copy of this communication dated 23.10.1989 is produced at Annexure 'II' to this petition. The petitioner has asserted that it was only on account of pending inquiry that his case was not considered, though allegations against him were false and fabricated. He has also asserted that this fact can be ascertained from his reply to the said charge sheet.

(3.) Communication dated 23.10.1989 (Annexure II) reveals that even prior to the representations referred to in para 10 of the petition, the petitioner had made representation on 11.08.1989, a copy of the same is produced at Annexure 'G' though it is referred to as dated 11.08.90 in para 10 of the petition. The petitioner then made a reminder of the same on 25.09.1989 (Annexure 'I' to the petition). Representation dated 11.08.1989 is referred to in the said communication. It is born out from the same that the petitioner was also seeking 'deemed date' of promotion in Class II. But then as the petitioner had filed Special Civil Application No.3495 of 1988 the authority intimated the petitioner that the same cannot be considered as the matter is subjudice. This petition (Special Civil Application No.3495 of 1988) was pending on the day of filing of this petition.