COMMISSIONER OF FISHERIES Vs. JITENDRA SHANTILAL PATHAK

JUDGEMENT

(1.) By way of this petition, petitioner-Commissioner of Fisheries-State of Gujarat, Gandhinagar has challenged the order dtd. 7/5/2001 passed by Gujarat Civil Services Tribunal, Gandhinagar (hereinafter referred to as the 'Tribunal' for the sake of brevity) in Appeal No. 75 of 1998, by which, the Tribunal allowed the appeal and thereby directed the present appellant to give the deem date of promotion from 15/11/1997 to the present respondent when his juniors were promoted and it was also directed to fix his pay accordingly in the cadre of Office Superintendent, Class-III and directed to pay consequential benefits within stipulated time limit.

(2.) Heard learned AGP Mr. Gautam for the petitioner and learned advocate Mr. C.B. Dastoor for the respondent.

(3.) Learned AGP submitted that by an order dtd. 15/11/1997 juniors of the respondents-original appellants were promoted from Head Clerk cadre to Office of Superintendent, Class-III cadre. At that time, the case of the respondent herein was not considered because the concerned departmental promotion committee considered the confidential reports of the respondent for last 5 years. Confidential reports of the petitioner for two years were adverse and there were adverse remarks for 6 months and for a period of another 8 months and therefore, when the Departmental Promotion Committee (hereinafter refereed to as 'DPC' for short) which met on 12/6/1997, after considering his confidential reports, opined that the respondent is not fit for promotion. On 15/11/1997, the order was passed superseding the respondent.