Dr. A.M. Kapandia, J. - (1.) In this writ petition, filed under Articles 226 and 227 of the Constitution of India, the petitioner is challenging the impugned judgment dated 07.03.2000 passed by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur in Original Application No. 391/94.
(2.) According to facts of the case, the petitioner passed examination for recruitment to the post of Inspector, Post Offices & Head Clerks to Superintendents of Post Offices held in the year 1965 and placed at S.No. 8 in the merit-list which was circulated on 12.05.1966. The petitioner was senior to Sarva Shri Jagdish Singh, Arjundas Gurnani, Kanhaiyalal Sharma and Jagdish Arora and others according to the said merit list and, for the next promotion, he was to be considered on the basis of the seniority-cum-fitness as per rules in force. Vide order dated 07.06.1988 Jagdish Singh, Arjundas Gurnani, K.L. Sharma, S.K.Mali were promoted to the posts of PSS Group B though all of them were junior to the petitioner in the cadre of Inspector of Post Offices but the petitioner was not promoted due to pendency of inquiry against him.
(3.) Case of the petitioner is that he was entitled for promoted to the post of PSS Group B as per his seniority during the year 1987-88 but his case was not considered for promotion to the said post because he was served with charge-sheet vide letter dated 07.09.1987. In the said departmental inquiry, after due process, penalty of reduction to the lower post of Inspector of Post Offices with effect from 19.06.1989 was inflicted. In appeal, however, the penalty was reduced to withholding of one grade' increment without cumulative effect for six months w.e.f. April 01, 1990. Against both the order, review petition was filed which was also rejected. Being aggrieved and dissatisfied by the aforesaid orders, the petitioner preferred Original Application No. 530/1990 and the said O.A. was finally decided on 13.08.1993 and following order was passed : "5. As such, we quash the order of punishment awarded by the Disciplinary Authority as also by the Appellate Authority but however, the respondents shall not be precluded from proceeding with the inquiry from the stage of giving a notice by the Disciplinary Authority to the applicant for disagreeing with the report of the Inquiry Officer. This disposes of the O.A. No order as to costs.";