GHANSHYAM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) WHILE the petitioner was working as Upper Division Clerk in Printing and Stationery Department, Government of Rajasthan, there shortage of stationery worth Rs. 25,026.82 was found in the Government Press, Udaipur, where the petitioner was working. Vide order dated 5.8.1974 Ex. 2, the petitioner was placed under suspension in contemplation of disciplinary proceedings against him under Rule 16 of the Rajasthan Civil Service (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as 'the C.C.A. Rules') on 13th July, 1975. The petitioner was served with a charge -sheet and statement of allegations. While the inquiry was under progress, a criminal case was also registered against the petitioner in respect of the same charges and the trial in this connection is pending in the court of Judicial Magistrate, Udaipur. The petitioner represented vide his application dated 10.10.1984 that till the criminal proceedings in the court of Judicial Magistrate, Udaipur in respect of the same charges is pending, no inquiry proceedings be held departmentally. However, this request of the petitioner has not been acceded to and the inquiry has yet not been completed.

(2.) THE petitioner has further stated that the petitioner was given an annual increment prior to date he was suspended, in the pay scale of Upper Division Clerk upto 1.1.1974. Thereafter, the suspension order was revoked by order dated 29.6.1983, however, it was decided that till decision of the criminal proceedings as also of the departmental inquiry is taken, the petitioner will continue to be paid same pay as he was getting prior to his suspension, that is, to say, for the period of suspension he will not be paid any thing except what has been paid to him as subsistence allowance and thereafter he will not be eligible for annual grade increment. In pursuance of that order, the petitioner has not been paid annual grade increments since 1.1.1974 nor he has been given the benefit of being fixed in the revised pay scale which has come into existence from time to time. Likewise, the petitioner has not been considered for further promotion on account of pendency of criminal case and departmental inquiry against him. In these circumstances, the petitioner has prayed for the following reliefs:

(3.) THE facts in this case are not disputed that the petitioner is facing trial on the same charges on which departmental inquiry is being conducted against him. It. has also been informed by learned Counsel for the State that the criminal trial is likely to be conducted shortly within a period of 2 -3 months from henceforth. This fact has also not been disputed that the departmental inquiry has not been concluded.