M B SARKAR Vs. REGIONAL INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) HEARD the parties.

(2.) THIS writ application is directed against the order dated 29 -1 -1994 issued under the signatures of Board of Governors, Regional Institute of Technology (RIT) Jamshedpur, whereby the departmental proceeding initiated against the petitioner was dropped with the condition that his case for promotion will be considered prospectively. The impugned order dated 29 -1 -1994 reads as under :

(3.) FROM perusal of the order dated 13 -7 -1989 passed in CWJC No. 1011/89 (R) it appears that the order of punishment was quashed mainly on the ground that the disciplinary authority as also the appellate authority did not take into consideration the charge -sheet, show cause, inquiry report and other relevant documents to form an opinion that the petitioner was guilty of the charges. While allowing the writ petition the respondents were given liberty to pass fresh order in the departmental proceeding. Consequently, the respondents initiated a departmental proceeding on the same charges against the petitioner in 1990 and that proceeding continued till 1994. The respondents issued the impugned order dated 29 -1 -1994 dropping the departmental proceeding but that was with a rigor that the case of the promotion of the petitioner will be prospective after the date of the meeting of the Board of Director i.e. 11 -112 -1993.