- (1.) Petitioner joined service as an Assistant Superintendent of Jail on 2.8.1971. He has filed the present writ petition praying for the issuance of a writ of mandamus directing the respondents to promote him as Deputy Superintendent, Jail from the date when his juniors were promoted. In a chart given in para 8 of the writ petition he has given the dates of promotion of his juniors which are during the years 1981 to 1988.
(2.) The petitioner claims that throughout his service his record remained good except for the period 1977-78. The report for the said year was conveyed to him and he had represented against the same but no reply has been received so far. He further claims that inspite of the fact that his record was good, he was not considered for promotion when his juniors were promoted.
(3.) Petitioner has averred in the petition that on 5.9.1984 an allegation of misbehaving with the wife of one Dr. P.R. Gulyani was levelled against him. On that basis departmental proceedings were initiated against him. He was placed under suspension on 13.9.1984. At the conclusion of departmental proceedings, the allegations were found to be proved against him and he was dismissed from service on 27.5.1985. However, against the said order of dismissal he preferred an appeal before the State Government. By an order dated 21.6.1988 his appeal was accepted and the order of dismissal was set aside. The petitioner was awarded the punishment of censure instead of dismissal and was reinstated. It was ordered that for the period of suspension from 13.9.1984 to 26.5.1985 nothing would be paid to him except the subsistence allowance.;