KISHORBHAI ATMARAM SURTI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, a Mamlatdar, now Dy. Collector in the Revenue Department of the Government of Gujarat, filed this Special Civil Application and prayer has been made that respondent be directed to grant promotion to the petitioner on the post of Deputy Collector with retrospective effect from 26th November, 1983. Further prayer has been made that pending admission, final hearing and disposal of this petition, the respondent be directed to complete enquiry pending pursuant to the second and third charge-sheets within a period of three months.

(2.) The petitioner was not given promotion to the post of Deputy collector as the Departmental enquiry was pending against him. However, this Court has ordered on 7.11.1990 and in pursuance of that order the petitioner has been given promotion to the post of Deputy Collector from retrospective effect, i.e., from 26th November, 1983 and the learned counsel for the petitioner does not press that prayer made in the Special Civil Application.

(3.) The Special Civil Application has been amended and the order dated 6th September, 1990 of the respondent-State has been challenged. Under the order dated 6th September, 1990, the disciplinary authority, after examining the enquiry report of the enquiry officer, submitted against the petitioner on the charges framed vide chargesheet dated 30th August, 1986, remitted back the matter to enquiry officer for fresh enquiry after examining three witnesses which have been dropped by the presiding officer and to examine two further witnesses.