KISHORE SINGH LODHA, J. - (1.) THESE two writ petitions can conveniently be disposed of by a single order as there is some connection between the two.
(2.) THE petitioner was appointed as Assistant Director in the Industries Department on December 10, 1975 and was promoted as Deputy Director on adhoc basis on June 26,1978. He was confirmed on the post of Assistant Director on September 27, 1982 with effect from August 17, 1981. Thereafter, he was promoted as Deputy Director, Industries Department on probation for a period of one year on November 4, 1982. It appears that while the petitioner was posted as Deputy Director Industries in the District Industries Centre, Jhalawar during the period 1978 -81 there were certain complaints against him along with two other persons, namely, Surjamal Verma, Economic Investigator and Brij Mohan, U.D.C. and a preliminary enquiry was sought to be initiated against them. Shri Surajmal and Shri Brijmohan were also placed under suspension. On the completion of the preliminary enquiry the Government came to the conclusion that no formal departmental enquiry was needed and Shri Surajmal and Brij Mohan were reinstated. The order of the State Government dated April 22, 1981 (Annx. 1) and the consequential orders reinstating Shri Surajmal and Shri Brij Mohan and the order of the State Government dated May 4, 1981 confirming these actions have been filed as Annexure 2. However it appears that once having dropped the idea of initiating and departmental enquiry against the petitioner and the two others named above, the matter was reopened and by the order dated August 4, 1981 passed by the Chief Minister it has directed that an independent enquiry by a senior officer not below the rank of Additional District Industries Officer should be held. It further appears that in pursuance of this order some action was taken for preparation of the charge -sheet etc and ultimately it was on January 21, 1985 that a charge -sheet was ordered to be served upon the petitioner vide letter Annexure 6. In the mean time it appears that the petitioner had already been promoted as Deputy Director on the recommendation of the Departmental Promotion Committee vide order dated November 4, 1982 a copy of which has been filed as Annexure 4. The case of (he petitioner further is that not only was he so promoted as Deputy Director, but was confirmed on that post by the order dated June 26, 1984. a copy of which has been filed as Annexure 5, though he adds that order of confirmation was recalled by another order dated June 27, 1984.
(3.) AGGRIEVED of the order dated June 27, 1984, the petitioner filed writ petition No. 1806 of 1984. The petitioner in that writ petition claims that he had already been confirmed on the post of Deputy Director, Industries, and that order could not have been recalled. In the alternative, it has also been urged that after the expiry of period of probation the petitioner must be deemed to have been automatically confirmed and therefore, also the order recalling his confirmation is bad.;