B B DWIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Through this petition as amended, the petitioner challenges the communication dated 24/5/1999 Annexure `A' and communication dated 24/8/1999 Annexure `B' to the petition.

(2.) The brief facts leading to this petition are that, by the reporting officer for the period 1/5/1996 to 13/8/96, a part of the Calender Year 1996, the following entry in column 5 of the Confidential Report was made :-

(3.) The principal contention of the petitioner in connection with the aforesaid entry is that the change in the attitude of the department is actuated with malice inasmuch as the petitioner has preferred a Special Civil Application No.3779/99 challenging non-appointment of the petitioner on the post of Selection Grade Gujarat Administrative Service Class I where persons junior to him has been so appointed. In that petition, notices were issued on 2 1/05/1999 and an interim order was also passed in favour of the petitioner, restraining the respondents that if the departmental promotion committee has taken any decision to promote the officers other than the present petitioner, especially those who are junior to the petitioner, then such promotion should not be effected to or implemented so far as the juniors to the petitioners is / are concerned and the notices and the order had been served on the respondents. Spurt by this adverse order, the respondents reacted by issuing the communication dated 24/5/99 and consequently, without considering the application of the petitioner in proper perspective for extension of time, during the pendency of the present writ petition in which notices have been issued on 23/08/1999, the order dated 24th August 1999 has been made. The order dated 24/8/1999 has been challenged by amending the petition on additional ground of having been made in breach of principles of natural justice.