SCA/5593/1987 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 5593 of 1987 For Approval and Signature: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= HAIDERBHAI R MALEK - Petitioner Versus DIRECTOR GENERAL OF POLICE & 1 - Respondents ========================================================= Appearance : MR YN OZA for Petitioner: MS. VARSHA J. BRAHMBHATT, LD. AGP for Respondents : 1 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 28/01/2008 ORAL JUDGMENT 1. Heard Shri. Apoorva Kapadia for Shri. YN Oza, learned counsel for the petitioner and Ms. Varsha J. Brahmbhatt, learned AGP for the respondents. SCA/5593/1987 2/2 JUDGMENT 2. The petitioner has preferred this petition under Article 226 of the Constitution of India for seeking deem date of promotion to the post of Police Inspector (PI) on the strength of the gradation list wherein juniors to the petitioner are shown to have been promoted in the year 1976, and the petitioner came to be promoted in the year 1980. The petitioner himself has admitted in the representation made to the Home Secretary that, may be he was not promoted because of pendency of departmental proceedings against him. The petitioner's admission in the representation itself go to show that there appeared to be genuine reason for not promoting the petitioner. The petition is bereft of any other material indicating that he was otherwise entitled to get promotion. In fact pendency of the departmental proceeding itself, which according to the petitioner has resulted into stoppage of increments was sufficient to indicate that he was not rightly promoted when his juniors came to be promoted. 3. The petition is bereft of any merits, same deserves to be dismissed and accordingly the petition is dismissed. Rule discharged. Interim relief, if any granted earlier, shall stand vacated. No cost. [ S.R. BRAHMBHATT, J ] /vgn