1. Heard learned Senior Counsel Mr.Oza with learned advocate Mr.Rajesh K. Savjani for the petitioner and learned AGP Mr.Niraj Ashar for the respondent-state.
2. After hearing learned counsel for the petitioner, under order dated 23/04/2012, office was directed to issue notice which was made returnable on 30/04/2012.
3. Today when the petition is called out and taken up for hearing, learned AGP has requested for time to file affidavit. Learned advocate Mr.Oza has made serious grievance that the meeting of Departmental Promotion Committee (DPC) is going to take place tomorrow and on the basis of material before the Departmental Promotion Committee (DPC), appropriate decision regarding promotion to the post of Deputy Collector will be taken. He also submitted that on the ground that certain proceedings in criminal court are pending against present petitioner since 1992 in connection with the incident which took place in February-March 1986, the petitioner has been denied promotion to the post of Mamlatdar and subsequently on ad hoc basis, the petitioner has been promoted to the post of Mamlatdar. However, when the petitioner's chance for promotion to the post of Deputy Collector has arisen, the petitioner's name is not included in the seniority list for Mamlatdar's post and that therefore petitioner is not likely to be considered for the post of promotion to the Deputy Collector. It is also claimed that having regard to the inordinate delay which has occurred in initiating proceedings against the petitioner i.e. from 1986 to 1992, the suspension order has been set aside by the Court. Since 1992 until now the criminal proceedings are also not concluded and the petitioner is suffering injustice because of the pending proceedings more so because the petitioner is about to retire with effect from 31/05/2012.
4. Under the circumstances below mentioned order is passed:
4.1. At the request of learned AGP, time to file reply affidavit is granted until 08/05/2012. The respondent shall file reply on or before 08/05/2012. Further hearing of the petition is schedule for 09/05/2012.
4.2. Since learned AGP has submitted that seniority list is yet not finalized and the competent authority has received several other representations also in connection with the issues related to seniority and the meeting of Departmental Promotion Committee (DPC) is not likely to take place until the issues of seniority of concerned persons are resolved. It is clarified that if the meeting of Departmental Promotion Committee (DPC) takes place before the next date and before reply is filed by the respondent, then the competent authority shall not take any final decision on the basis of Departmental Promotion Committee (DPC) recommendations, without approaching this Court for appropriate order. This order and direction shall operate until next date of hearing and further order shall be passed after taking into account reply affidavit. S.O. to 09/05/2012. It is also clarified that present order shall not stand in way of the respondent authorities to consider representations made by the petitioner in January, 2012 and taking decision thereon. Whatever decision is taken, that may be placed on record of present petition.
(K.M.THAKER, J.) (ila) Top