G S SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, petitioner has prayed for an appropriate writ, direction and order directing the respondents to consider or reconsider, if already considered, the case of the petitioner for promotion to the post of Deputy Commissioner, Food and Drugs Control Administration with reference to the date when the case of his next junior Mr. MK Ghosh was considered by applying the appropriate criterion and if found fit to promote him w. e. f. 1. 11. 1991 to that post with all the consequential benefits.

(2.) IT is the case on behalf of the petitioner that petitioner who was at the relevant time serving as Assistant Commissioner came to be suspended on 15. 5. 1989 in view of the pendency of the criminal case against him and he was under suspension for the period between 15. 5. 1989 to 30. 6. 1992. It is the case of the petitioner that thereafter petitioner came to be acquitted and reinstated in service on 1. 7. 1992. It is also the case on behalf of the petitioner that even subsequently the entire suspension period came to be regularized for all purposes. It is also the case on behalf of the petitioner that in the meantime and during the period when the petitioner was under suspension his next junior Mr. MK Ghosh came to be promoted to the post of Deputy Commissioner on 1. 11. 1991 and, therefore, on acquittal the case of the petitioner was required to be considered for promotion to the post of Deputy Commissioner the day on which his next junior was promoted.

(3.) SHRI Supehia, learned advocate for the petitioner has submitted that when the petitioner was communicated the decision in the year 1993 denying the promotion relevant Recruitments Rules for promotion to the post of Deputy Commissioner prevailing in the year 1993 were applied. It is submitted that in fact, the relevant rules for promotion to the post of Deputy Commissioner prevailing in the year 1991 when his next junior came to be promoted were required to be considered. Therefore, it is requested to allow the present Special Civil Application.