LACHMAN DASS Vs. SHIVESHWARKAR

JUDGEMENT

(1.) LACHHMAN Das petitioner by means of this petition under Article 226 of the constitution of India has challenged the legality of the order by which he was transferred to Ferozepore Division as Enquiry and Reservation Clerk. The validity of the order by which the increment of the petitioner was stopped for two years, and the period of his suspension was directed to be treated as non-duty period, has also been assailed.

(2.) THE brief facts of the case are that the petitioner was appointed as Supervisor in the Department of Catering Establishment on 1st July 1956. On 11th January 1958 the petitioner was appointed Assistant Manager Catering. On 24th september 1962 the petitioner was promoted as Manager Catering. The petitioner was suspended with effect from 20th June 1964 and an enquiry was held against him on the allegation that on 11th June 1964, while on duty, he was found lying in a drunken state, smelling of country liquor along with three other persons. There was also allegation about his connivance at the sale of unauthorised private material by the vendors. The petitioner denied the allegations against him. According to the petitioner, the Enquiry Officer did not find the petitioner guilty of any charge. The disciplinary authority then considered the matter and, after discussing the material on record, observed as under:

(3.) ACCORDING to the allegations of the petitioner, the above enquiry was started against him and the order about his transfer was made mala fide because he had incurred the wrath of Shri Kapur Singh, Vigilance Officer, who has been impleaded as respondent No. 2. The order of transfer has also been challenged on the ground that according to the conditions of his service the petitioner is not liable to serve in any department other than catering department. The order regarding the stoppage of increments for two years and about treating the period of his suspension as not on duty, it is claimed, has also not been validly made.