BADRI PRATAP GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India.

(2.) THE petition has been very clumsily drafted and mentions several grievances and discontentments suffered by the petitioner from time to time. He traced his history of service from 5-12-1942 and stated how he was not given promotion from time to time by the former Jaipur State and subsequently, by the government of Rajasthan, But this is more of a history rather than any grievance which the petitioner can bring to this court. The immediate cause for the bringing of the petition was said to be the result of certain departmental proceedings, taken against him, but even those proceedings were taken and decided sometime in 1951.

(3.) THE facts relating to this departmental enquiry were that he was charged with insubordination and wilful absence from duty and was suspended pending enquiry by order of the Government dated the 10/14th May, 1951. As a result of this enquiry, the Government held that the charges had been proved but proposed to take a lenient view in the matter and directed a censure to be administered for the conduct of the petitioner by order of the 18/19th October. 1851. On the same date, an order was passed that the petitioner be reinstated with immediate effect and the period from the date of his suspension to the date of his reinstatement was to be treated as leave without pay. The grievance of the petitioner is that this order while reinstating fee petitioner purported to take out of account the period of suspension for the purposes of his future increments and the result was that he was put to a lower stage in the time scale of his salary and while he used to get his usual annual increment on the 15th July, this was postponed to 24th of December every year.