VYAS, J. - (1.) BY this writ petition, the petitioner has prayed that the orders dated 6. 6. 1987 (Annexure 5) and 1. 9. 1987 (Annexure 6) may be quashed and set aside and he may be given the benefit of with holding of two grade increments. He has also prayed that due amount of suspension period may be paid to him.
(2.) THE facts giving rise to the instant petition are that initially, on 1. 2. 1968, the petitioner was appointed as Lower Division Clerk (LDC) in the Urban Improvement (UIT), Chittorgarh. On abolition of UIT, Chittorgarh, were adjusted in Nagarpalika, Chittorgarh. The further case of the petitioner that on 7. 2. 1990, the petitioner was promoted from L. D. C. to the post of Upper Division Clerk (UDC) but later on, he was again reverted to the post of LDC. The petitioner moved an application dated 11. 3. 1987 (Annexure 1) to the Executive Officer, Nagarpalika, Chittorgarh stating therein that he, being a UDC, has been deputed in Revenue Section, whereas Shri Bot Lal Sharma, LDC, has been deputed in Constitution Section. In this way, he being a Senior to Shri Sharma, his rights have been infringed. On the aforesaid application, without affording an opportunity of hearing to him, the petitioner was placed under suspension by order dated 20. 3. 1987 (Annexure 2), passed by the Administrator, Nagarpalika, Chittorgarh. Thereafter, on 27. 4. 1987, a notice (Annexure 3) under the Rajasthan Civil Service (Classification, Control & Appeal) Rules, 1958 (hereinafter referred to as `the CCA Rules, 1958'), for using harsh and unparliamentary language against the Administration, was issued to the petitioner. The petitioner filed a detailed reply dated 11. 5. 1987 (Annexure 4) to the notice. (Annex. 3 ). According to the petitioner, disciplinary proceedings were not conducted by the Department in accordance with the Rules. He was not afforded an opportunity of hearing. He was also not supplied a copy of the enquiry report.
(3.) ON the basis of the enquiry report, Respondent No. 2 Administrator, Nagarpalika, Chittorgarh issued an order dated 6. 6. 1987 (Annexure 5), by which one grade increment of the petitioner with cumulative effect was withheld and the petitioner was punished accordingly. Against the order dated 6. 6. 1987 (Annexure 5), the petitioner preferred an appeal before Respondent No. 4 the Regional Assistant Director, Local Self-Government Department, Rajasthan, Udaipur. The appeal of the petitioner was rejected vide order dated 1. 9. 1987 (Annexure 6 ). Respondent No. 4, while making an amendment in the order dated 6. 6. 1987 (Annexure 5), by which one grade increment of the petitioner was withheld with cumulative effect, passed an order dated 1. 9. 1987 (Annexure 6), by with holding two grade increments of the petitioner with cumulative effect. Being aggrieved by the order dated 1. 9. 1987 (Annexure 6), the petitioner filed a suit in the Court of Munsif Magistrate, which was, later on, withdrawn by him. ;