- (1.) HEARD the parties.
(2.) THIS writ application is directed against the order dated 29 -1 -1994 issued under the signatures of Board of Governors, Regional Institute of Technology (RIT) Jamshedpur, whereby the departmental proceeding initiated against the petitioner was dropped with the condition that his case for promotion will be considered prospectively. The impugned order dated 29 -1 -1994 reads as under : REGIONAL INSTITUTE OF TECHNOLOGY, JAMSHEDPUR Order No. RIT (EJ -322/94 Dated 29 -1 -1994 In accordance with the decision taken by the Board of Governors in its 75th meeting held on 11 -12 -1993, the departmental proceeding Instituted against Dr. M. B. Sarkar, Asstt. Professor of Chemistry, is dropped. The case of his promotion if any, will be prospective after the date of the meeting of Board of Governors i.e. 11 -12 -1993. By order of the Board of Governors, R. I. T. Jamshedpur. The petitioner 's case is that he was appointed as Assistant lecturer in Chemistry RIT, Jamshedpur on 5 -1 -1968 and was promoted as Lecturer in 1971. The petitioner was then promoted to the post of Assistant Professor on 5 -1 -1984. In 1985 a departmental proceeding was initiated against the petitioner and he was put under suspension on 1 -8 -1985. The petitioner challenged the order of suspension by filing CWJC. No. 1492/85 (R) which was allowed on 14 -2 -1986 and the suspension was revoked. In spite of the aforesaid order the petitioner was not paid salary. Then he again moved this Court by filing CWJC No. 474/87 (R). The said writ petition was allowed on 8 -2 -1988 and a direction was issued for payment of salary. It appears that a fresh departmental proceeding was initiated against the petitioner and in that the departmental proceeding a final order of dismissal of the petitioner from service was passed in 1989. The petitioner filed a departmental appeal which was dismissed. He then challenged the aforesaid orders by filing CWJC No. 1011/89 (R). which was finally heard on 13 -7 -1989 and the same was allowed and the order of dismissal was quashed.
(3.) FROM perusal of the order dated 13 -7 -1989 passed in CWJC No. 1011/89 (R) it appears that the order of punishment was quashed mainly on the ground that the disciplinary authority as also the appellate authority did not take into consideration the charge -sheet, show cause, inquiry report and other relevant documents to form an opinion that the petitioner was guilty of the charges. While allowing the writ petition the respondents were given liberty to pass fresh order in the departmental proceeding. Consequently, the respondents initiated a departmental proceeding on the same charges against the petitioner in 1990 and that proceeding continued till 1994. The respondents issued the impugned order dated 29 -1 -1994 dropping the departmental proceeding but that was with a rigor that the case of the promotion of the petitioner will be prospective after the date of the meeting of the Board of Director i.e. 11 -112 -1993.;