GAJANAND SHARMA Vs. STATE

JUDGEMENT

(1.) This writ petition has been filed by the Petitioner with the prayer that the Respondents be directed to consider his case for promotion on the post of Additional Chief Engineer with effect from 7.10.2010, the date on which his junior was promoted with all consequential benefits and that action of the Respondents in adopting sealed cover procedure in his case be declared illegal and further that two notices issued to him under Rule 17 of Rajasthan Civil Service (CCA) Rules, 1958 both dated 21.9.2010 and charge sheet dated 22.9.2010 may be quashed and set aside.

(2.) Shri Ashok Gaur, learned Counsel for the Petitioner has submitted that Petitioner has been victimized only because he was debarred for promotion to the post of Additional Chief Engineer and that he was promoted on the post of Superintending Engineer in 2003 purely on merit basis, which is why certain elements in the department were biased against him and therefore they have ensured issuing of charge sheet to him merely few days before the meeting of Departmental Promotion Committee (for short-DPC) was convened.

(3.) It is contended that DPC was actually convened on 27.9.2001. Two notices under Rule 17 of the CCA Rules, 1958 have been issued to the Petitioner both dated 21.9.2010 and a charge sheet under Rule 16 was issued to him dated 22.9.2010, which were served on him much after the meeting of DPC was convened.