PRATIK RAVINDRABHAI MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates and the petitioner Shri Pratik Ravindrabhai Mehta, who appears in person.

(2.) The petitioner before this Court is an Executive Engineer (Electrical) in the State of Gujarat. He was so promoted on 14th March, 2006. Since his promotion, by order dated 16th March, 2007 made by the State Government, the respondent No.6 has been promoted as Executive Engineer (Electrical) and has been given deemed promotion from 22nd July, 2005. It is this deemed promotion as on 22nd July, 2005 by which the petitioner is aggrieved. The petitioner has submitted that the petitioner's promotion being earlier, he became senior to the respondent No.6. However, on account of the deemed promotion granted to the respondent No.6, the petitioner shall become junior to him and the petitioner may also be reverted to the lower cadre of Deputy Executive Engineer.

(3.) It appears that the cases for promotion to the post of Executive Engineer (Electrical) were considered by the Departmental Promotion Committee in the month of September, 2004. Pursuant to the selections made by the said Committee, some of the Deputy Executive Engineers were promoted to the post of Executive Engineer. At the relevant time, disciplinary proceedings were pending against some eight of them. In view of the pending disciplinary proceedings, their promotion was made adhoc and subject to the result of the disciplinary proceedings. The petitioner was one of the said eight persons. The disciplinary proceeding then pending against the petitioner has since been completed by order dated 21st March, 2005 made by the State Government. Some of the charges levelled against the petitioner are held to be proved and some are held to be partially proved. For the guilt established against the petitioner, he has been visited with punishment of withholding of one increment for two years without future effect.