DINESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) That appropriate writ, order or direction may very kindly be issued directing the respondents to promote the petitioner as Senior Assistant with effect from 14/1/2009, the date when his juniors have been promoted, with all consequential benefits of pay, arears, seniority etc. alongwith interest @ 9 % per annum.

(2.) Brief facts necessary for adjudication of the petition are that the petitioner while serving as Junior Assistant in Govt. Sen. Sec. School, Bhareri, District Hamirpur, H.P., was placed under suspension, vide office order dtd. 8/11/2006 and his headquarter was fixed at Directorate of Higher Education, Shimla. Petitioner was served with a memorandum dtd. 3/4/2007 proposing an inquiry against him under Rule 14 of CCS (CCA) Rules 1965. The allegations of temporary embezzlement and misappropriation of public funds besides tampering of official record were levelled. Petitioner in the first instance responded with a request to keep the inquiry in abeyance on the grounds that the matter was already being inquired by Anti-Corruption Unit.

(3.) The inquiry was initiated against petitioner and disciplinary authority appointed Joint Director, Higher Education as Inquiry Officer. Petitioner, vide reply dtd. 27/7/2008, refuted and denied the allegations of misconduct levelled against him.