Govind Mathur, J. - (1.) For the purpose of promotion to the post of Commissioner against the vacancies of year 2002-2003, the candidature of the petitioner was considered by the Departmental Promotion Committee that met on 23.05.2005 as per the provisions of the Rajasthan Ministerial Service Rules, 1963 (for short 'the Rules of 1963' hereinafter). The recommendation made by the Departmental Promotion Committee was kept in sealed cover in view of the fact that at the relevant time the petitioner was facing a criminal trial for an offence punishable under the Prevention of Corruption Act, 1988.
(2.) The petitioner came to be acquitted from the criminal charges vide judgments dt. 10.05.2006 and 05.06.2008. After acquittal from criminal charge, the claim of the petitioner is for his promotion to the post of Commissioner i.e. a post prescribed under the Rules of 1963. The respondents denied the same on the count that an appeal giving challenge to the acquittal judgment dt. 05.06.2008 is pending before Rajasthan High Court and therefore, the petitioner cannot be treated as a person finally acquitted.
(3.) In pursuant to the order dt. 09.092011 given by the this Court, the sealed cover containing the recommendation made by the Departmental Promotion Committee is placed before the Court. The Departmental Promotion Committee found the petitioner fit to be promoted as Commissioner against the vacancies of the year 2002-03 subject to declaration of his innocence in the criminal cases, then pending.;