G.S. SAXENA Vs. STATE OF RAJASTHAN & ORS.
LAWS(RAJ)-2016-8-214
HIGH COURT OF RAJASTHAN
Decided on August 30,2016

G.S. Saxena Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

VEERENDR SINGH SIRADHANA,J. - (1.) The Selection Committee, on a consideration of the case of the petitioner for promotion to the post of Joint Director (Personnel)/Director (Personnel), in compliance of the order made by this Court, declined the claim of the petitioner for promotion on 30th June, 2001. The decision of the Selection Committee was communicated to the petitioner vide communication dated 24th July, 2001 (Annexure-11); of which the petitioner is aggrieved of, and therefore, has instituted the present writ application, praying for the following relief(s): "It is, therefore, prayed that the Hon'ble Court may call for the entire record concerning the case including the proceedings of DPC and record of DPC prior to passing of order dated 24.7.2001 and also examine the facts stated in earlier writ petition No. 3253/1999 and after considering the orders passed by the Hon'ble Court in the earlier writ petition, review petition and in contempt petition which have already been placed on record, by issuing writ, order or direction; (i) quash the order dated 24.7.2001 and further declare the petitioner entitled to be granted further promotion on the post of Joint Director and Director of Personnel from the date the respondent No. 4 was so promoted and grant the petitioner all consequential benefits including monetary benefits from the said date and accordingly revise the petitioner's pension and retiral benefits; (ii) further grant the petitioner compensation for harassment caused to the petitioner by awarding a sum of at least Rs.2 lacs; (iii) any other order or direction as may be deemed fit and proper in the facts and circumstances of the present case may also be passed in favour of humble petitioner. (iv) cost of this writ petition may also be awarded in favour of humble petitioner."
(2.) Shorn off unnecessary details, the essential skeletal materials facts necessary for consideration of the squabble are that the petitioner entered the service of earstwhile Rajasthan State Electricity Board (RSEB) in the year 1962. He was appointed to the post of Assistant Personnel Officer in the year 1973, followed by his appointment as Personnel Officer on 1st January, 1976. In the final seniority list of Personnel Officers as on 1st January, 1985, issued vide order dated 19th June, 1985, the name of the petitioner was indicated at serial No. 6 and that of respondent No. 4 - Shri G.R. Sharma (Shri Ganga Ram Sharma), found place at serial No. 10. It is pleaded case of the petitioner that he was served with a charge sheet under Rule 6 of the Employees (CCA), Regulations, 1962 (for minor penalty) (for short, 'Regulations of 1962').
(3.) On 25th September, 1993, on a consideration of reply and personal hearing; the Disciplinary Authority recorded on the order sheet that no case was made out but this fact was conveyed to him. On 4th October, 1993, fresh enquiry proceedings were initiated under Regulation 7 of 1962, and a charge sheet was issued afresh on 18th October, 1993. Shri R.N. Puri was appointed as Presenting Officer on 2nd December, 1993. Respondent No. 4-Shri G.R. Sharma was appointed as Presenting Officer in place of Shri. R.N. Puri on 29th January, 1994.;


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