CWP 12524/09 1 In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur. ** Civil Writ Petition No. 12524/09 Shiv Bhagwan Godara Vs. The State & ors.. Date of Order ::: 08/10/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Anoop Dhand, for petitioner Petitioner, who is presently working as Inspector and is eligible for promotion to the post of RPS (Junior Scale) included in the Schedule appended to the Rajasthan Police Service Rules, 1954, is basically aggrieved that because of the penalty of censure inflicted upon him, he may not be fairly considered for promotion under the Rules. The petitioner, while working as Inspector in the year 1998 as SHO, Kotwali, Jhunjhunu, was served with memorandum under Rule 17 of the CCA Rules 1958 on 07th February, 2002 for the alleged misconducted committed by him and after taking his written reply into consideration, the disciplinary authority found him guilty and punished him with the penalty of censure vide order dated 30th December, 2002 (Anx.1) against which he preferred appeal which was rejected by the appellate authority vide Anx.3 dated 27/06/2003 which was never assailed by the petitioner thereafter any further and it had CWP 12524/09 2 attained finality. After six years of the order of penalty inflicted upon him and confirmed by the appellate authority, he has approached this Court by way of instant petition with the grievance that the minor penalty inflicted upon him of censure, if considered, will cause prejudice to him while his candidature is considered for promotion for RPS (Junior Scale) under the Rules of 1954. He has further apprehension that he will be deprived even of his very consideration as well because of the penalty inflicted upon him. So far as the issue relating to consideration of the minor penalty inflicted upon the incumbent while being considered for promotion is concerned, the same has already been considered and decided by the Larger Bench of this Court in the case reported in 1992(2)WLC Page 1 finally holding as under:- “While considering the case for promotion the minor penalty of stoppage of annual grade increments, or for that matter any other minor penalty, shall be considered by the DPC and if as a result of consideration as aforesaid a government servant is not found fit for promotion it cannot be said that a penalty has been imposed and the doctrine of double jeopardy will not be attracted.” CWP 12524/09 3 So far as the apprehension that he will not be considered for promotion is concerned, the same is misconceived for the reasons that if the petitioner falls within the zone of consideration and is otherwise eligible under the Rules, certain he has right of consideration but that consideration will be based upon his record of service of the preceding seven years which fall under consideration keeping in view the judgment referred to (supra). So far as the order of penalty of censure inflicted upon the petitioner is concerned, the disciplinary authority passed order of penalty on 30th December, 2002 and the same was upheld by the appellate authority vide order dated 26th June, 2003. No reasonable justification has come forward as to what efforts have been made by the petitioner in assailing the order impugned and inordinate delay has not been explained in absence whereof this Court is not inclined to examine the order of penalty inflicted upon the petitioner on merits. Consequently, the writ petition stands dismissed. However, the respondents will certainly consider the case of the petitioner for CWP 12524/09 4 promotion in RPS (Junior Scale) if he is otherwise eligible under the Rules taking note of his record of service. (Ajay Rastogi), J. Raghu/12524-cw-2009-final.doc CWP 12524/09 5