Ravindrapuri Manipuri Goswami vs State Of Gujarat & 2 on 23 January, 2017

[Cites 3, Cited by 0]

Gujarat High Court

Ravindrapuri Manipuri Goswami vs State Of Gujarat & 2 on 23 January, 2017

Bench: Sonia Gokani

                 C/SCA/1074/2017                                              ORDER




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    SPECIAL CIVIL APPLICATION NO. 1074 of 2017

         ==========================================================
                   RAVINDRAPURI MANIPURI GOSWAMI....Petitioner(s)
                                     Versus
                       STATE OF GUJARAT & 2....Respondent(s)
         ==========================================================
         Appearance:
         NANAVATI & CO., ADVOCATE for the Petitioner(s) No. 1
         ADVANCE COPY SERVED TO GP/PP for the Respondent(s) No. 1
         ==========================================================

          CORAM: HONOURABLE MS JUSTICE SONIA GOKANI

                                    Date : 23/01/2017


                                     ORAL ORDER

1. Petitioner herein is serving as Police Sub Inspector in Gujarat Police, who has challenged the inaction on the part of the respondent authority in granting the adhoc promotion to the post of Police Inspector in the following factual background: 1.1 The petitioner has been serving in Gujarat Police from 15.6.1981 as a Police Constable. He has been promoted to the post of Police SubInspector on 10.10.2009 and is serving since then. In First Information Page 1 of 5 HC-NIC Page 1 of 5 Created On Sat Aug 12 20:10:09 IST 2017 C/SCA/1074/2017 ORDER Report No.67 of 2011 registered with Shirohi police station, he has been alleged of having corrupt practices and AntiCorruption Bureau has lodged a complaint against him being First Information Report No.ACB 07 of 2011 under sections 7, 13(1) and 13(2) of the Prevention of Corruption Act, 1988. The chargesheet came to be filed after due investigation and Criminal Case No.43 of 2011 is pending before the Deesa Court after being transferred from Palanpur Court. According to the petitioner, those employees who have been promoted to the post of Police SubInspector in 2009 are now due for being considered for the post of Police Constable. Details have been called for by a communication dated 17.12.2016 by Joint Police Commissioner (Administration) on the ground that Criminal Case of the year 2011 is pending against the present petitioner. His name since has not been sent, his case since is not being considered by the Departmental Promotion Committee for not having been sent by the Office of the Commissioner of Police, his right Page 2 of 5 HC-NIC Page 2 of 5 Created On Sat Aug 12 20:10:09 IST 2017 C/SCA/1074/2017 ORDER of being considered for promotion is being jeopardized. The petitioner, therefore, has approached with the following reliefs: "6. The petitioner, therefore,most respectfully prays that this Hon'ble Court be pleased:

(a) To issue a writ of mandamus or a writ, order or direction in the nature of mandamus commanding the respondent authorities, particularly respondent no.2, to consider the case of the petitioner for grant of promotion, including ad hoc promotion, in accordance with the policy of the government and the law;

(b) To pass any other order or orders in favour of the petitioner as this Hon'ble Court deems fit and proper in the facts and circumstances of the case."

2. Learned advocate Mr.Nanavati has pressed into service the Government Resolution dated 14.6.2016 which, according to him, states and permits after a lapse of 2 years from the date of lodgment of the complaint against employee concerned, the consideration for the promotion and so also for being appointed on ad hoc basis.

3. Learned Assistant Government Pleader Mr. Raval has objected to this on the ground that in case of the rest of the employees also, the Departmental Promotion Committee has not as yet Page 3 of 5 HC-NIC Page 3 of 5 Created On Sat Aug 12 20:10:09 IST 2017 C/SCA/1074/2017 ORDER decided finally anything. Petition itself is prematured. He further has said that the departmental proceedings also can be initiated against the petitioner on the ground which is a independent right of the employer.

4. Having heard learned advocates for both the sides, notices that for the post of Police Inspector, the Departmental Promotion Committee has already sent names of the officers of Commissioner of Police. It is not also being disputed that the petitioner is in the list is at Sr.No.27. He undisputedly is facing the Criminal Case from the year 2011. However, the Court matter is still pending and no departmental proceedings has been initiated till date.

5. In this view of the matter reliance placed on the Government Resolution of the General Administration Department dated 14.6.2016 shall need to be regarded by the authority. It is undoubtedly the right of the employer to also independently proceed against the petitioner in case of the very charge. However, till date, no Page 4 of 5 HC-NIC Page 4 of 5 Created On Sat Aug 12 20:10:09 IST 2017 C/SCA/1074/2017 ORDER proceedings has been initiated and the Departmental Promotion Committee is continuing its task of selection, let this latest resolution and any other guidelines on this subject be followed in case of the present petitioner. His request of being considered for promotion cannot be denied, nor would that consideration create any favourable tilt in his favour so far as the pending criminal and departmental proceedings are concerned.

6. In this case, this Court has not expressed any opinion on the merits his case should be exercised on its own merit. Petition stands disposed of accordingly.

7. Direct service is permitted.

(MS SONIA GOKANI, J.) SUDHIR Page 5 of 5 HC-NIC Page 5 of 5 Created On Sat Aug 12 20:10:09 IST 2017

Unlock Advanced Research with PRISMAI

Gujarat High Court