RAM KHILARI MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by Appellant Ram Khilari Meena, being aggrieved by the judgment dated 22.5.2006 passed by the learned Single Judge. Learned Single Judge, by the aforesaid judgment, dismissed the writ petition filed by the Appellant.

(2.) In the writ petition, the Appellant had prayed for issuance of a writ of mandamus, directing the Respondents to promote him on the post of Assistant Director Industries w.e.f. 17.7.1991, when his junior was so promoted. Appellant further prayed that the order imposing penalty and subsequent orders by which his appeal and review petition against such order of penalty were dismissed, be quashed and set aside. Prayer was also made for quashing the order dated 7th June, 1993 by which representation of the Appellant against the adverse entries in his APAR for the year 1991-92 was rejected. Appellant has also challenged the notice under Rule 17 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, issued to him vide order dated 17th April, 1990.

(3.) Learned Single Judge, upon hearing counsel for the Appellant, dismissed the writ Petitioner in limine, holding that since the appellate authority has already reduced the punishment of stoppage of two grad increments without cumulative effect to mere recorded warning, therefore, no interference is called for. Prayer with regard to quashment of the order rejecting representation against adverse entries in the APAR was also rejected because the learned Single Judge found that no malafide was alleged either against the Reporting Officer or Reviewing Authority. However, on the question of promotion with retrospective effect, learned Single Judge held that no interference can be made as the affected persons alleged to be juniors to the Appellant have not been impleaded as party to the writ petition.