The High Court referred to the several companyfidential reports in which Shri Capoor had made the remarks number yet fit for promotion and needs to be watched and found that there was numberbasis for the remarks made by Shri Capoor.
The State of Gujarat obtained special leave from this Court under Article 136 of the Constitution and has preferred the present appeals.
Both the writ petitions were, therefore, allowed and the State of Gujarat was directed to companysider afresh the question of the promotion of the respondent to the Selection Grade as well as to the super time scale and give the respondent the monetary benefits to which he would be entitled on such fresh companysideration.
3452 of 1984.
The High Court found that the earlier decision to deny and defer giving the Selection Grade to the respondent and the decision to deny super time scale to the respondent were swayed by extraneous companysiderations.
In the High Court, numberaffidavit was filed by Shri Capoor and the allegations made against him went unanswered.
On June 28, 1984, the Selection Committee decided that he was number fit for promotion to the Super time scale whereupon he filed special civil application No.
He resigned from service with effect from July 2.4, 1984 as he thought that he had been dealt with unfairly by the Government by being denied promotion to the super time scale, which was due to him since a long time.
On February 1, 1984, the respondent was promoted to the Selection Grade with effect from April 1, 1983.
Chinnappa Reddy, J. The State of Gujarat is the appellant in these two appeals by special leave.
