JATINDER NATH MATTOO Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner is seeking the relief of promotion basing his claim upon seniority, which is a condition of service. The petitioner has stated in his petition that in the year 1968, he was working as Senior Assistant in the Estates Department and was involved in a criminal case of embezzlement for the alleged commission of offence under Section 409 RPC Challan was subsequently presented in the Court and the petitioner was made to face trial. In the said criminal proceedings, the petitioner was acquitted by the learned Sessions Judge, Jammu vide Judgment dated 16 -6 -1979. However, the trial Court observed in the judgment that the action of the petitioner class for a departmental inquiry. During the pendency of the investigation, the petitioner was placed under -suspension vide Government order No.202 -GD of 1969.

(2.) ACCORDING to the observations of the learned Sessions Judge, Jammu, the respondent No.3 under order No. 151 -DE of 1982 dated 16 -5 -1982 appointed Shri B.R. Wazir, Executive Engineer, Estates Division, Jammu as Inquiry Officer to submit his report within one month. The Inquiry Officer under No. 8059 dated 28.1.1983 submitted his report with the recommendation that the petitioner be reinstated as no sufficient charges have been proved against him. On the recommendation of the Inquiry Officer, the Government issued Order No.301 -DE of 1985 dated 4.9.1985 revoking the suspension of the petitioner and the period of suspension was also directed to be treated as spent on duty.

(3.) DURING the course of the suspension period, the petitioner has stated that respondent No.5, who was junior to him according to the tentative seniority list issued by the Director Estates in the year 1973 has been promoted as Head Assistant under Order No.GD of 1973 dated 10.8.1973 and subsequently promoted as Estates -officer under Order No. 318 -PW of 1984 dated 27.4.1984, by the respondent No.3