- (1.) These writ petitions have been filed by Shri Y.K. Jain, who is employed as Assistant Engineer in the U.P. Jal Nigam. The first writ petition is directed against the order dated 28.01.2004 passed by the Chief Engineer, U.P. Jal Nigam whereby the grant of promotional pay scale to the petitioner has been stayed until further orders with a further prayer that the respondents be directed to consider the representation made by the petitioner against the said order in a time bound manner and to provide all consequential benefits thereafter along with the interest at the rate of 18 percent.
(2.) The second writ petition has been filed against the order dated 20th October, 2004 where under the Chief Engineer, Jal Nigam has imposed the penalty of censure and has further directed for recovery of the loss caused by the acts/omissions of the petitioner after they were found proved in the departmental proceedings. The petitioner has also sought quashing of the order dated 12.01.2006 passed by the Managing Director of the Jal Nigam on his appeal/representation. Lastly, the petitioner has prayed for being promoted on the post of Executive Engineer with a further request to open the envelope as sealed cover procedure had been adopted in his case.
(3.) So far as the first writ petition is concerned, counsel for the petitioner submits that the Chief Engineer has no authority under the law to withhold the payment of salary in the promotional pay scale and that too for unlimited period. With reference to the aforesaid, counsel for the Jal Nigam pointed out that the payment of promotional pay scale to the petitioner was withheld in view of the fact that he was already facing departmental proceedings and that without awaiting the conclusion of the departmental proceedings, he was granted the promotional pay scale. The Chief Engineer, therefore, suspended the order of payment of promotional pay scale to the petitioner till the conclusion of the departmental proceedings.;