JASRAM JOSHI Vs. DIRECTOR BAAL VIKAS PARIYOJANA

JUDGEMENT

(1.) BY the present writ petition the petitioner has prayed for a writ of certiorari quashing the order dated 5.7.2003 passed by the respondent No. 1 and for a writ of mandamus commanding the respondents to consider the petitioner for promotion to a class III post.

(2.) BRIEFLY stated, the petitioner was appointed on class IV post by District Programme Officer, Rampur on 26.10.1990 and since then the petitioner has been discharging his duties as an class IV employee. The petitioner has submitted that he is intermediate passed and having vast experience of typing, accounts and office routine works, therefore, he was discharging the work of a class III employee in the office of the respondents. He also filed certificates issued by his officers in this connection. Some persons filed false and fabricated complaints against the petitioner and he was suspended on 25.2.2003 by the respondent No. 1. While the petitioner was under suspension he was frequently transferred and he was not able to participate in the enquiry contemplated in pursuance to the order of suspension. The petitioner alleged that the enquiry officer conducted ex -parte enquiry and no opportunity was given to him to cross -examine the witnesses and to place his defence. Finally the respondent No. 1 vide order dated 5.7.2003 permanently withheld two annual increments of the petitioner. The petitioner has submitted that no show cause notice was issued to him by the disciplinary authority before passing any punishment order. The petitioner has submitted that the enquiry held and the order of punishment passed by the authority concerned is derogatory to the principles of natural justice.

(3.) HEARD the learned Counsel for the parties at length.