CW 2209/96 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.2209/96 Vasakha Singh Versus State DATE OF ORDER : 03/11/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. S.P. Sharma, for petitioner Mr. S.D. Khaspuria, Addl. Govt. Counsel, for respondents *** Instant petition has been filed by petitioner assailing the condition incorporated by the respondents of two years non-field posting for the purpose of consideration for further promotion under the Rules. However, it has not been disputed that condition referred to of two years of non-field posting, has been set aside by this Court. But, the petitioner was not considered for promotion for the post of Executive Engineer against the vacancies of 1995-96 on the premise that he was charge sheeted U/r.16 of CCA Rules vide memorandum dt.22nd May, 1992. However, in a departmental inquiry initiated against the petitioner he has been finally punished with the penalty of stoppage of 20% pension for five years CW 2209/96 [2] vide order dt.25th October, 1999 and because of pendency of inquiry, it appears that he could not be considered for promotion against the vacancies of 1995-96. It has been further brought to the notice of this Court that the Special Appeal No.1290/96 preferred by petitioner against the charge sheet served upon him, has also been dismissed on account of penalty being inflicted upon him vide order dt.25th October, 1999. On account of change in circumstances and so also fact of petitioner being finally punished vide order dt.25th October, 1999, present petition has become infructuous and accordingly, dismissed. [AJAY RASTOGI], J. FRBOHRA2209CW96 3-11.doc