(1.) THE petitioner joined the service as Typist on 09.11.1993. He was promoted as Assistant on 21.11.2000. While so, pursuant to the disciplinary action taken against the petitioner, the respondent imposed the punishment of reduction in rank as Junior Assistant for three years by an order dated 22.11.2007. THE punishment period expired on 21.11.2010. THE petitioner sought restoration to the post of Assistant on 22.11.2010. When the petitioner gave a representation dated 29.11.2010 to the respondent to restore him to the post of Assistant, the same was rejected by the respondent by the impugned order dated 22.03.2011 on the ground that the petitioner joined duty in the demoted post only on 23.02.2009 and he was on leave from 22.11.2007 to 22.02.2009 and therefore, that leave period could be excluded for three years computation and he would be permitted to join as Assistant after the said leave period. In these circumstances, the petitioner has filed the present writ petition seeking to quash the aforesaid order dated 22.03.2011 of the respondent.
(2.) THE respondent filed a counter affidavit refuting the allegations.
(3.) IT is relevant to extract the Fundamental Rules 29 and the same is extracted hereunder: