It is companytended by Shri Ganguli, learned senior companynsel for the appellant that in the proceedings of the Department in F. No.
The appellant, while working as a Preventive Officer, Grade II, was dismissed from service by way of disciplinary measure.
Thereafter, the discipli nary 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.
On appeal, the Division Bench, relying upon the procedure prescribed in the Circular F. No.
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.
3/5/69 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 1 by proceedings dated August 9, 1974.
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 February 29, 1968.
1994 SUPPL.
Thus, this appeal by special leave.
2/18/68 Ad.
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.
The appellant is entitled to the fitment of his seniority ax on February 29, 1968.
