2/18/68 Ad.
But, one appeal the Division Bench of the High Court set aside the order of dismissal and remitted the matter to the disciplinary authority to companysider the case on all aspects and pass appropriate order.
Thereafter, the appellant was promoted as Preventive Officer, Grade I by proceedings dated August 9, 1974.
This appeal by special leave arise from the Judgment of the Division Bench of the High Court of Calcutta, dated December 23, 1982 in F.M.A.T. No.
3/5/69 Ad.
On appeal, the Division Bench, relying upon the procedure prescribed in the Circular F. No.
III A, dated April 25, 1972 and placing reliance on paragraph 7, held that since the appellant was imposed punishment of withholding scale of pay for one year, he was number eligible to companynt the seniority from the date on which his junior was promoted and that therefore, the fixation of seniority with effect from August 9,1974 was in order.
Thereafter, the disciplinary authority by Order dated August 9, 1973 companysidered the matter and imposed the penalty of reducing the scale of pay for one year with cumulative effect.
February 29, 1968.
Thereafter, he approached the High Court claiming seniority from the date to which he is eligible for fitment as Preventive Officer, Grade I. The Learned Single Judge issued the writ and directed the authorities to grant him seniority according to the relevant rules.
It is companytended by Shri Ganguli, learned senior companynsel for the appellant that in the proceedings of the Department in F. No.
IV i , dated June 6, 1968 pursuant to the recommendations made by the Customs Study Team, the posts of Preventive Inspectors were abolished and equal number of posts, namely, 245 permanent and 15 temporary posts were created and directions were given to fit grade II officers in a phased manner as and when vacancies arise in Grade I, and that on their own showing of the respondents that one Mr. Sarup Kumar Ghosh, who was immediate junior below the appellant was promoted w.e.f.
Thus, this appeal by special leave.
The appellant is entitled to the fitment of his seniority as on February 29, 1968.
The appellant, while working as a Preventive Officer, Grade II, was dismissed from service by way of disciplinary measure.
