AMOLAK SINGH CHHABRA Vs. STATE OF M P

JUDGEMENT

(1.) THIS writ appeal is preferred by the appellant [respondent no. 3 in the writ petition no. 3584/08 (s)] assailing the judgment dated 15. 05. 09 passed by the learned Single Judge of this Court whereby the writ petition filed by suresh chandra Pandey i. e. the respondent no. 3 before this Court is allowed.

(2.) BRIEF facts of the case are that petitioner Suresh Chandra Pandey was appointed as District Excise Officer on 12. 08. 83 while Amolak Singh Chhabra, appellant before this court and who was joined as respondent no. 3 before the writ court was appointed on the same post on 22. 03. 88. Thus, admittedly, the Suresh chandra Pandey was senior to Amolak Singh Chhabra in the cadre of District excise Officer.

(3.) IN the year 2002, a Departmental Promotion Committee was held for considering the cases of District Excise Officers for promotion to the post of Assistant Commissioner (Excise ). The Departmental Promotion Committee after considering the cases of Suresh Chandra Pandey and Amolak Singh Chhabra promoted them to the post of Assistant Commissioner (Excise ). The petitioner suresh Chandra Pandey being senior to the present appellant Amolak Singh chhabra was placed at serial no. 1 while the name of Amolak Singh Chhabra was at serial no. 3. This shows that the petitioner Suresh Chandra Pandey continued to be the senior to Amolak Singh Chhabra in the cadre of Assistant Commissioner (Excise ).