Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2018 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (4) TMI 1603 - RAJASTHAN HIGH COURTVires of Rule 4 (2) (c) and Rule 13 of the Rajasthan Excise Service (General Branch) Rules, 1974 - challenge to the rules was made without making difference between the cadre post and the post not encadred under the Rules of 1974 but a cadre post in other service - Held that:- The perusal of Rule 13 makes it clear that appointment to the senior post and, in the present case, to the post of District Excise Officer is to be made from and amongst the members of service based on merit in accordance to the procedure laid down under Rule 11 (a) of the Rules of 1974 - Rule 13 thereupon provides for appointment of certain other senior posts, not encadred in the service from and amongst the members of Indian Administrative Service and the Rajasthan Excise (Preventive Officers) Service but not exceeding for the period of two years. There exist difference between the cadre post and not encadred in the service. Learned Single Judge has given direction to the Department to determine the cadre post though during the course of arguments, learned counsel for the petitioner himself made a reference of 32 cadre post and 8 posts not encadered. If that is so, determination of cadre post under the Rules exist so the post not encadred - there is no reason to struck down the Rule 4 (2) (c) and Rule 13 of the Rules of 1974. Appeal dismissed.
|