Govind Mathur, J. - (1.) AS a consequent to regular selection the petitioner was appointed as Junior Engineer with Department of Irrigation in the year 1971. A promotion in adhoc capacity as Assistant Engineer was accorded to him in the year 1973. While holding the post aforesaid he was subjected to an inquiry that resulted into an order dt. 28.07.1995 imposing a penalty of compulsory retirement. The petitioner by way of filing a civil suit before the Court of Additional Civil Judge No. 2, Jaipur City assailed validity of the order aforesaid and also the entire inquiry proceedings. By the judgment and decree dt. 14.10.1997 the suit preferred by the petitioner was partially decreed with a direction to disciplinary authority to consider representation submitted by the petitioner and to pass an order consequent to the inquiry afresh.
(2.) THE disciplinary authority accordingly after considering the representation submitted by the petitioner by an order dt. 16.05.2000 imposed a penalty of stoppage of three annual grade increments with cumulative effect, however, this order too stood modified by substitution of penalty of censure under an order dt. 11.06.2001 passed by the Governor of Rajasthan exercising powers under R.34 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (hereinafter referred to as "the Rules of 1958"). An another order dt. 03.09.2001 was passed at the behest of Governor to treat the period "dias -non" (except for the purpose of determining pension) during which the petitioner remained out of employment as a consequent to his compulsory retirement in pursuant to the order dt. 28.07.1995. The Governor also declared the petitioner disentitled for getting any amount beyond the subsistence allowance for the period he remained under suspension.
(3.) THOUGH the petitioner was holding the post of Assistant Engineer in adhoc capacity but regular promotion was not given to him as he was facing disciplinary proceedings and after completion of that a meeting of Departmental Promotion Committee (DPC) was convened to review the recommendations made earlier. The DPC did not choose to recommend the petitioner for promotion against the vacancies of the year 1978 -79 by taking into consideration penalty of ''censure '' imposed by order dt. 11.06.2001 but he was found fit to be promoted as Assistant Engineer against the vacancies of the year 1979, accordingly an order dt. 28.08.2001 was passed promoting the petitioner as Assistant Engineer against the vacancies of the year 1979 - 80. The grievance of the petitioner sought to be redressed by this petition for writ in the factual background narrated above are; (1) the period in which the petitioner faced compulsory retirement has wrongly been treated as "dias -non"; (2) the petitioner is wrongly denied wages beyond the subsistence allowance for the period he remained under suspension; and (3) the promotion as Assistant Engineer against the vacancies of the year 1978 was erroneously denied to the petitioner by taking into consideration penalty of censure imposed by order dt. 11.06.2001.;