H P KOHLI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner who was Technical Officer (Textile) in the department of Industries was sent on deputation as General Manager of Rajasthan Bunkar Sahakari Sangh Ltd. for the period from 5. 8. 1977 to 27. 4. 1978. Disciplinary inquiry was initiated against him. On 16. 6. 1978, following charges were levelled against him. : ***

(2.) VIDE Ex. 12, dated 7. 8. 78, the charge-sheet was withdrawn by the Director of Industries. On the same day another charge-sheet was given to the petitioner of the same charges by the Chairman, Rajasthan Bunker Sahakari Sangh Ltd. Again the charge sheet was withdrawn on 13. 2. 1980. On 27. 2. 1980, the Director of Industries again gave charge-sheet to the petitioner of the same charges. During the pendency of the proceedings, the petitioner was considered by the D. P. C. for the post of Assistant Director (T.) but as the inquiry was pending against him, the result of D. P. C. was kept in sealed cover. VIDE order dated 4. 6. 1984, the petitioner was promoted on the post of Assistant Director (Textile) on adhoc basis. Again on 27. 1. 1995, IV Charge-sheet marked Ex. 20 was given to the petitioner of the same charges. The petitioner challenged the said charge-sheet on several grounds including the ground of delay and malafide. He has further prayed that the respondents be directed to consider his case for promotion on the post of Assistant- Direc- tor, with effect from 10. 2. 1967 or in the alternative on the post of Assistant Director (Textile) with effect from 1. 4. 1980 and if found, suitable to be promoted on the said post from the date his juniors were promoted after determining his seniority in the cadre of Assistant Director/assistant Director (Textile) and if promoted, be given all consequential benefits. The respondent No. 2, though was served but remained absent. Only the respondent No. 1 has filed reply to the writ petition. It has been mentioned in the reply that the first charge sheet was given to the petitioner by the Director of Industries. Lateron, it was realised that the charges related for the period when the petitioner was on deputation as General Manager in Rajasthan Bunker Sahakari Sangh Ltd. as such charge sheet should be signed by Raj. Bunkar Sangh. Under such circumstances the charge-sheet was withdrawn and another charge sheet was given by the Chairman of the said Bunkar Sangh. Lateron the matter was examined and it was found that the charge-sheet should have been served by the Director of Industries. The second charge sheet which was given by the Chairman of Rajasthan Bunkar Sahakari Sangh Ltd. was withdrawn and another charge sheet dated 27. 2. 1980, was given by the Director of Industries. On account of promotion of the petitioner on adhoc basis on the post of Assistant Director (Textile), it was realised that the charge sheet should have been given by the Government. In such circumstances, fresh charge sheet was given to the petitioner on 27. 1. 1995. It has been submitted that the charges against the petitioner are of serious nature and as such the same can not be quashed only on the ground of delay.

(3.) CONSEQUENTLY, I allow the Writ Petition, quash the charge- sheet dated 27. 1. 1995, marked Annexure 20 and direct the respondents to open the sealed cover and declare the result of the D. P. C. held in the year 1984, for the post of Assistant Director (Textile), and in case the petitioner is found suitable, he should be given notional promotion on the said post, as the petitioner has already retired. The respondents are further directed to consider the case of the petitioner for promotion on the post of Dy. Director, from the date his juniors were promoted and in case the petitioner is found suitable for the said post, he should be given notional promotion w. e. f. the date his juniors were promoted with all consequential benefits. This order should be complied with within three months. .