V.S.DAVE, J. - (1.)THIS writ petition is directed against the order of Rajasthan Civil Services Appellate Tribunal, dated December 15, 1982, whereby the appeal filed by the non -petitioner was allowed.
(2.)THE short question involved in this case is as to whether the confirmation of the respondent in his appointment as Executive Engineer could be done when he was facing departmental enquiry. The respondent was promoted to the post of executive engineer on ad hoc basis on October 3, 1969 and was regularly selected on June 10, 1974. His confirmation orders had not been issued and his grievance precisely was that a departmental enquiry under the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to a 'the Rules of 1958'), was pending against him and that has been shown to be cause of not confirming him. The said enquiry was in consequence of a charge -sheet given to him in relation to some irregularities in construction of Khora Bundh in District Alwar in 1970 -71. The grievance of the respondent was that several other persons such as Sarvashri Sahan Roop Rai, P.C. Mathur, M.B. Mathur and V.P. Saxena who were involved in the case have been confirmed in their appointments with effect from march 1, 1977. His further case was that these people had also been promoted during the pendency of the said enquiry but he has not even been confirmed despite his regular selection and his case has been discriminated.
The petitioner who was respondent before the Tribunal stated that the respondent was already holding a higher post and his case was distinguishable. It was stated that the respondent is facing the charge -sheet in a case where prima facie there is a case against him and a major penalty is likely to be imposed upon him and, therefore, he could not be confirmed.

(3.)THE Tribunal after considering the rival contentions and also the D.O.P. Circular dated January 4, 1977 came to the conclusion that the appellant was entitled to confirmation on the post of Executive Engineer (Civil) with effect from March I, 1977 and accordingly accepted his appeal and allowed consequential benefits. It is against this order of the Tribunal that the State Government has come with this writ petition.