MAHESH KUMAR PIPALYA Vs. RSRTC AND OTHERS

JUDGEMENT

(1.) The petitioner was served with a charge sheet on July 16, 1985 and departmental inquiry was initiated against him. After completion of inquiry the petitioner was penalised vide order dated Feb. 1, 1988 whereby two annual grade increments were ordered to be withheld without cumulative effect. Thereafter Departmental Promotion Committee met for making promotions to the post of Accountant and promotions were made vide order dated Sept. 28, 1988. The petitioner now seeks to quash the aforequoted order dated Feb. 1, 1988 and Sept. 29, 1988.

(2.) Grievance of the petitioner is that punishment order dated Feb. 1, 1988 is absolutely non-speaking order and the same has been passed with non-application of mind. Reply to show cause notice was not at all considered. Similarly the order dated Sept. 29, 1988 is also bad in law as year wise vacancies were not determined and the persons shown from item No. 39 and onwards in the order have been promoted, who were junior to the petitioner. The petitioner would not have been deprived from consideration, had the vacancies been determined year wise. In that event the punishment order would not have been come in the way of the petitioner.

(3.) I have heard the rival submissions and carefully scrutinised the record.