- (1.) HEARD learned counsel for the petitioner.
(2.) PETITIONER has preferred this writ petition with following prayer: "(i) The respondents may be directed to consider the case of petitioner for promotion without considering the illegal penalties imposed by order dated 03.11.2011 and 04.09.2012 and; (ii) any other appropriate writ, order or direction which the Hon'ble Court deems just and proper may pass the order quashing the order dated 03.11.2011 as well as 04.09.2012 as it being passed against rule laid down by the Hon'ble Rajasthan High Court Division Bench in case of Lala Ram mentioned Supra and; (iii) any other appropriate writ, order or direction which the Hon'ble Court deems just and proper may be passed in favour of the petitioner. " Submission of learned counsel for the petitioner is that an order of penalty of withholding of two annual grade increments, without cumulative effect, under Rule 17 of the Rajasthan Civil Services(Classification, Control and Appeal) Rules, 1958 was passed against the petitioner. However, the order of penalty was modified to withholding of one annual grade increment, without cumulative effect, in an appeal preferred by the petitioner. The petitioner has further challenged the order of appellate authority by way of review petition before His Excellency, The Governor and his review petition is pending against penalty order. Learned counsel for the petitioner further submitted that in the meantime, the respondents are holding DPC as per directions of the State Government. In case the penalty, which is subject matter of review petition, is taken into consideration, then there is no chance of promotion of the petitioner, therefore, the respondents may be directed to consider the case of the petitioner for promotion ignoring the order of penalty. He also submitted that order of penalty is prima facie contrary to the law laid down by the Division Bench of this Court in State of Rajasthan and Ors. Vs. Lala Ram, reported in RLR 2002(1) 311. However, he does not dispute that matter of penalty is still subjudiced before reviewing authority in a review petition. I have considered the submission of learned counsel for the petitioner. So far as order of penalty is concerned, the petitioner has already preferred review petition and the same is still pending.
(3.) SO far as consideration of case of the petitioner for promotion on the post of Assistant Excise Officer is concerned, it will be open to the petitioner to make a representation before the respondents to the effect that he has already preferred review petition against his penalty order and his review petition is pending, therefore, his case for promotion be considered subject to decision of review petition. No direction at this stage can be issued by this Court, for the reason that the matter of penalty is already pending before reviewing authority till date and case of the petitioner for promotion has not been considered so far. After considering all the facts and circumstances of the case, writ petition is disposed off with liberty to the petitioner to make a representation before the respondents to the effect that his case for promotion on the post of Assistant Excise Officer be considered and the result of the same may be kept in sealed cover subject to decision in the review petition in the matter of penalty of withholding of one annual grade increment without cumulative effect. In case such a representation is filed by the petitioner within a period of 15 days, then the same will be considered by the respondents in accordance with law at an early date, preferably, before the case of petitioner for promotion is considered. Stay application also stands disposed off. "All corrections made in the judgment/order have been incorporated in the judgment/order being emailed. " ;