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SCA/9408/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9408 of 2009
=========================================================
CHANDRAKANT
POUNAMCHAND BHAVSAR - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
MEHUL SHARAD SHAH for
Petitioner(s) : 1,
MS KRINA CALLA, ASST GOVERNMENT PLEADER for
Respondent(s) : 1,
MR HS MUNSHAW for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 08/03/2010
ORAL
ORDER
Rule
returnable in first week of October 2010. In the meantime, the
respondents are directed the complete inquiry proceedings against the
present petitioner.
Mr.
Shah, learned advocate appearing for the petitioner has prayed for
grant of interim relief in terms of restraining the respondents from
giving promotions to the post of Executive Engineer to any juniors to
the petitioner in the set up of Gujarat Water Supply & Sewage
Board. This court is not inclined to grant any such relief at this
stage in view of the well settled principle of law that a promotional
post cannot be withheld.
However,
it is made clear that all promotions which are made to the post of
Executive Engineer w.e.f. 23.01.2009 shall be subject to the result
of this petition. Respondents shall filed their reply before the
returnable date.
(K.S.
JHAVERI, J.)
Divya//
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