1. The present Second Appeal under Section 100 of the Code of Civil Procedure has been preferred by the appellants- State of Gujarat to quash and set aside the judgment and decree passed by the learned Civil Judge (Senior Division), Junagadh dated 03/01/1991 in Regular Civil Suit No. 502/1990 decreeing the suit and granting declaration that respondent- original plaintiff is senior to one Jagdish Bhura and Suleman Mamad, who was promoted on 11/11/1982 as Forestor and the respondent-original plaintiff is entitled to get promotion from 11/11/1982 and salary of Forestor from that date as well as the impugned order passed by the learned appellate Court in Regular Civil Appeal No. 101/1991 dismissing the Appeal confirming the judgment and decree passed by the learned trial Court.
2. The respondent-original plaintiff instituted the suit for declaration submitting that respondent-original plaintiff is senior to one Jagdish Bhura and Suleman Mamad, who was promoted on 11/11/1982 as Forestor and the respondent- original plaintiff is entitled to get promotion from 11/11/1982 and salary of Forestor from that date against the appellants- original defendants. The said suit was resisted by the appellants-original defendants mainly on the ground that there was adverse remarks in the Confidential Report and, therefore, his case was not considered by the selection committee. However, considering the fact that the Confidential Report, which was relied upon by the State Government, was not communicated to the respondent-original plaintiff, the learned trial Court decreed the suit and granted the declaration as prayed for. Being aggrieved and dissatisfied with the judgment and decree passed by the learned trial Court in Regular Civil Suit No. 502/1990 in allowing the said suit the appellants- original defendants preferred Regular Civil Appeal No. 101/1991 before the learned District Court, Junagadh, which has been dismissed by the learned appellate Court vide impugned judgment and order. Being aggrieved and dissatisfied with the impugned order passed by both the Courts below the appellant-original defendants have preferred the present Second Appeal under Section 100 of the Code of Civil Procedure.
3. At the outset, it is required to be noted that Shri Hathi, learned AGP appearing on behalf of the appellants-original defendants is not in a position to dispute that the Confidential Report, which was relied upon by the appellants-original defendants while denying promotion to the respondent- plaintiff, was never communicated to the respondent-original plaintiff. Even there are concurrent findings of fact given by both the Courts below that the Confidential Report, which was relied upon by the appellants-original defendants was not shown to the respondent-original plaintiff. Under the circumstances, as such both the Courts below have rightly held that the respondent-original plaintiff could not have been denied promotion, more particularly, when his Juniors came to be promoted. The learned AGP is also not in a position to point out how the judgment and decree passed by the learned trail Court confirmed by the learned appellate Court is erroneous, which calls for the interference of this Court in exercise of powers under Section 100 of the Code of Civil Procedure.
4. Considering the aforesaid facts and circumstances of the case, it cannot be said that the learned trial Court has committed any error and/or illegality in allowing the suit in decreeing the suit, which has been confirmed by the learned appellate Court.
5. In view of the above, there is no substance in the present Appeal and the same deserves to be dismissed and is accordingly dismissed. No cost.
(M.R. SHAH, J.) siji