Govind Mathur, J. - (1.) THE petitioner, an Inspector, Land Records, was denied promotion to the post of Naib Tehsildar under the Rajasthan Tehsildars Service Rules, 1956 on the count that he suffered a minor penalty i.e. of censure.
(2.) WHILE giving challenge to the decision aforesaid the contention of counsel for the petitioner is that such a minor penalty cannot be a reason to deny promotion to next higher post where criteria for such promotion is seniority -cum -merit. Per contra, it is stated on behalf of the respondents that candidature of the petitioner was objectively considered by the Departmental Promotion Committee for the purpose of promotion as Naib Tehsildar but in view of the fact that he suffered a minor penalty of censure he was not found suitable to be promoted as Naib Tehsildar and this fact was communicated to him by the Registrar, Board of Revenue, Rajasthan, Ajmer under an order dt. 21.12.1993 (Anx.P/7).
(3.) IT is not at all disputed by the respondents that the criteria for promotion was seniority -cum -merit. From the averments contained in pleadings of the case it is apparent that candidature of the petitioner though was considered by the Departmental Promotion Committee for promotion under the criteria of seniority -cum -merit but the promotion was denied to him solely on basis of minor penalty i.e. of censure inflicted upon him by the competent authority.;