G VIMALA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) (Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari to call for the records relating to the First Respondents order made in R.C.18051/A.1/2009 dated 19.11.2009 and Na.Ka.18051/A.1/2009 dated 19.11.2009 to quash the same.) 1. The Writ Petition is filed against the order of the First Respondent made in his proceedings RC.18051/A.1/2009 dated 19.11.2009 and Na.Ka.18051/A.1/2009 dated 19.11.2009 and to quash the same.

(2.) THE brief facts which are relevant for consideration are: THE Petitioner was appointed as Junior Assistant on 05.12.1984, promoted as Assistant during 1992 then as Deputy Tahsildar during 1998 lastly as Tahsildar w.e.f. 10.11.2008. THE Petitioner was during 2008 served with the Charge Memo for misconduct under Section 17-A and the same is followed by Disciplinary proceedings culminated in an award of censure by proceedings of the 1st Respondent/District Collector on 14.03.2009 against which Statutory Appeal is pending consideration before the statutory Appellate Authority. In the meantime panel of eligible persons as on crucial date 01.07.2008 for promotion to the post of Tahsildar was prepared and the Petitioner is one among the seven persons, all the seven persons were by extending the relaxation of Rule 7-B of the Special Rules (for not completing the training of Special Magistrate as on 01.07.2008) declared eligible for being continued or promoted as Tahsildar. In pursuance of the same, the Petitioner along with six others were promoted as temporary Tahsildar. However, the 1st Respondent/District Collector by the impugned order dated 19.11.2009 deferred the consideration of the Petitioners name for inclusion in the panel approved in the Notification dated 14.03.2009 and has also cancelled the Petitioners promotion as Tahsildar and reverted her as Deputy Tahsildar both on the ground that the Petitioner has suffered an award on censure. Aggrieved against the same, the Petitioner has come forward with this Writ Petition for the relief as mention above.

(3.) I have heard and considered the rival submissions made on both sides and perused the records.