STATE OF GUJARAT Vs. M K PAREKH

JUDGEMENT

(1.) Admitted. Mr.Supehia Learned Counsel for the respondent appears and waives service of notice of admission. In the facts and circumstances of the case, the matter is taken up for final hearing today.

(2.) This appeal is filed against an interim order passed by the Learned Single Judge in SCA No. 9330 of 1998 on 3/02/1999. The respondent was the original petitioner. He filed the above petition for an appropriate writ, direction or order directing the respondent authorities to declare action of his supersession to the post of Dy. Executive Engineer(Civil) as unjustified and to release the promotion to the said post from 16/10/1998 with all consequential benefits.

(3.) The Learned Single Judge was prima facie satisfied and hence issued rule. The Learned Single Judge was also impressed by the fact that the petitioner had been superseded on 16/10/1998 and a decision to initiate disciplinary action had been taken on October 14, 1998. According to the learned Single Judge, there was failure on the part of the respondent to take appropriate steps for initiating departmental action in time. The Learned Single Judge in these circumstances passed mandatory order and directed the respondents to promote the petitioner as Dy. Executive Engineer (Civil) on ad-hoc basis. The said order is challenged in the present LPA.