Mohammad Rafiq, J. - (1.) This matter has come up on board for orders on third stay application, which has been filed because during pendency of writ petition another Departmental Promotion Committee (for short, 'DPC') is being convened. Second stay application has been dismissed as the same was rendered infructuous because by that time the DPC had already been convened and promotions were made.
(2.) Short controversy is involved in the matter, therefore, arguments are heard on writ petition itself.
(3.) Sole grievance on which Petitioner has approached this Court is that he is being denied promotion from post of Police Inspector to post of Deputy Superintendent of Police (Junior Scale) in RPS Cadre, on the ground that he has been awarded one minor penalty of censure under Rule 17 of Rajasthan Civil Services (Classification, Control &Appeal) Rules, 1958. As per case of Petitioner penalty of censure does not come in the way of promotion where criteria for promotion is seniority -cum -merit, as per several judgments of this Court as well as Apex Court, reference whereof is made below. According to Rule 28(A) of Rajasthan Police Services Rules, 1954, criteria of promotion to Deputy Superintendent of Police (Junior Scale) in RPS cadre, is merit for 50% post and seniority -cum -merit for another 50% post. Counsel for Petitioner has cited judgment of this Court rendered at Principal Seat, Jodhpur, in Writ Petition No. 519/2008 - Chandan Dan v/s. Director General of Police and Ors., decided on 05.05.2008, wherein similar issue from same service was involved. Aforesaid SB judgment was upheld by Division Bench of this Court at Principal Seat, Jodhpur, vide its judgment dated 27.01.2009 in Special Appeal (Writ) No. 118/2009 filed by State of Rajasthan. Learned Counsel also cited SB judgment dated 11.08.2006 of this Court at Principal Seat, Jodhpur, in Writ Petition No. 2878/2003 - Satyamani Tiwari v/s. State of Rajasthan and Ors., which also was a case from same service Rules and for promotion to same post on same criteria and therein also promotion was denied on the ground of sole penalty of censure. Reliance is placed on judgment of this Court in Shankarlal Balai v/s. State of Rajasthan and Ors., 2009 WLC (Raj.) 777.Counsel also relied on DB judgment dated 23.09.2010 of this Court in Shri Ram Khilari Meena v/s. State of Rajasthan and Ors. Special Appeal (Writ) No. 470/2007.;