KISHORE CHAND CHANDAWAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner, a Commercial Tax Inspector, has preferred this petition for writ to have a direction for the respondents to consider his candidature for the purpose of promotion to the post of Assistant Commercial Taxes Officer.

(2.) Briefly stated, facts of the case are that the petitioner entered in the service of respondents being appointed as Commercial Taxes Inspector Gr.II under an order dated 27.5.2000 as a consequent to his selection as per the Rajasthan Commercial Taxes Subordinate Service (General Branch) Rules, 1975. While serving the respondents he suffered a minor penalty i.e. of censure under an order dated 26.4.2006 passed by the Commissioner, Department of Commercial Taxes.

(3.) The respondents while making promotion of the Commercial Tax Inspectors to the post of Assistant Commercial Taxes Officer against the vacancies of year 2008-09 denied consideration to the petitioner due to the minor penalty suffered by him. An order dated 5.1.2008 then was passed by the competent authority giving promotion to several persons as Assistant Commercial Taxes Officer including Shri Rajesh Aswal, a Commercial Tax Inspector, junior to the petitioner. Being aggrieved by the same and also the minor penalty imposed under an order dated 26.4.2006, this petition for writ is preferred.