- (1.) THE petitioner, a Junior Engineer, with the Department of Water Resources, Government of Rajasthan has preferred this petition for writ claiming a direction for his promotion as Assistant Engineer in accordance with Rajasthan Service of Engineers (IB Irrigation Branch) Rules, 1954. The promotion was denied to him as a criminal case was lodged against him at Police Station, Sadar, Banswara on 13.2.2006.
(2.) IT is submitted by learned counsel for the petitioner that the Additional Chief Judicial Magistrate, Banswara vide his order dated 14.12.2009 discharged the petitioner from criminal charges and a revision petition giving challenge to the order aforesaid also came to be rejected by Sessions Judge, Banswara under an order dated 15.6.2011, as such, no reason survives to detain the promotion. As per the respondents the case of petitioner was considered by Departmental Promotion Committee that met on 16.8.2010 but the recommendations with regard to the petitioner was kept in sealed cover due to pendency of criminal case referred above. This Court vide order dated 13.8.2012 directed the respondents to produce the sealed cover containing recommendations made by the Departmental Promotion Committee. Accordingly, the same are made available today. As per the recommendation made by the Departmental Promotion Committee, the petitioner was found suitable for promotion to the post of Assistant Engineer (Civil) Diploma against the vacancies of the year 2009-10 as per the criteria of seniority-cum-merit, subject to his exoneration in Case No.87/2006. The petitioner has already been discharged from criminal charges, as such, the respondents are now required to make necessary compliance of the recommendations made by the Departmental Promotion Committee, that met on 16.8.2010. Accordingly, this writ petition is allowed. The respondents are directed to pass appropriate order in accordance with the recommendations made by Departmental Promotion Committee with regard to promotion of the petitioner as Assistant Engineer (Civil) Diploma against the vacancies of the year 2009-10. Necessary order should be passed on or before 17.9.2012. No order as to costs.;