S.H.SHETH - (1.) The petitioner was appoint as a Junior Clerk on 2/12/1961 in the office of the Director of Technical Education. In 1962 she passed the departmental examination he was detected by the Head of the Department and was recruited through Employment Exchange On 15/06/1962 she was transferred to L. D. Engineering College which has been functioning under the Directorate of Technical Education. She worked there as a Typist. On 21/01/1963 Centratized Recruitment Scheme was made applicable to all the Directorates which included the L. D. Engineering College. It was in the made applicable to ministerial staff in non-Secretariat services. In 1964 she was transferred from L. D. Engineering College to the Directorate of Technical Education. On 1/09/1970 the Government passed a Resol- ution by which her services were regularized with effect from 17/04/1970
(2.) In 1973 she converted herself into a Muslim and married one Mr. Pathan. So far as the petitioner was concerned it was her first marriage but it was the second marriage of Mr. Pathan who had his first wife living then. Under Rule 26 of the Gujarat Civil Service (Conduct) Rules 1971 the petitioner and Mr. Pathan were asked to explain why the petitioner had married Mr. Pathan even though Mr. Pathan had his first wife living. An affidavit from the first wife of Mr. Pathan was produced to show that his first wife wanted the petitioner and Mr. Pathan to marry. On 17th January a charge-sheet was served upon the petitioner. The charge which was levelled against her was that she had committed breach of Rule 26 of the Gujarat Civil Services (Conduct) Rules 1971 An enquiry was held. As a result of the enquiry on 5/10/1973 her promotion was ordered to be withheld for a period of three years with effect from 16/08/1973. That period expired on 15/08/1976.
(3.) It is this order which is challenged in this petition.;