RUP LAL Vs. STATE OF HIMACHAL PRADESH
HIGH COURT OF HIMACHAL PRADESH
STATE OF HIMACHAL PRADESH
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T.U.MEHTA,C.J. - -
(1.) The petitioner was promoted as Deputy Ranger in the Forest Department on 1 -4 -1975 and on the same date respondents Nos. 3 and 4 were also promoted as Deputy Rangers. It is an admitted position that in the seniority list of the Deputy Rangers the petitioner is senior to respondents Nos. 3 and
4.He was senior to them even in the lower category of Foresters.
(2.) On 17 -2 -1979 Deputy Rangers were considered for promotion to the post of Rangers. This promotion was to be made, on account of the executive instructions found at Annexure E, on the basis of seniority subject to the rejection of the unfit. During the course of this promotion the case of the petitioner was considered but rejected on the ground that a departmental enquiry was pending against him and that an adverse entry in the confidential record of the petitioner for the year 1974 -75 which was made in the month of June, 1975 was existing unaltered.
(3.) The case of the petitioner is that he had filed an appeal against this adverse entry, but that appeal was not decided till the writ petition was filed. The petitioner has further contended that the departmental enquiry started against him in the month of June, 1974 and though about five years have passed, the same still remains undecided. The petitioner has further alleged that according to his belief the Enquiry Officer has made report in his favour in this departmental enquiry as early as in the year 1977 and no final action on that report has yet been taken.;
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