P. A. CHOUDHARY, J.

( 1 ) THE petitioner is an employee of the South Central Railway working as a permanent Way Inspector Grade II. Promotion from Grade II to Grade I of a permanent Way Inspector is on the basis of his seniority-cum-suitability. The petitioner was sufficiently senior and for purpose of adjudging his suitability, the South Central Railway conducted a written test on 14. 5. 78 and viva vose on 14. 8. 78. The petitioner was successful both in the written test and viva vose examination. Yet, the petitioner was not promoted to Grade I. That was because by then a criminal case No. 39/77 was pending against the petitioner before the special Judge, S. P. E. Cases, Hyderabad. In that C. C. No. 39/77, the petitioner was charged with dishonest misappropriation of railways property worth Rs. 1,44,000 odd entrusted to him by the Railway department. The charge was framed against the petitioner in that case under S. 409 of I. P. C. and also under Ss. 5 (1) and 5 (2) of the Prevention of Corruption Act. The allegation against the petitioner in that case was that he misappropriated railway property entrusted to him by failing to deliver that property to the Assistant Storekeeper, Ka

Click Here to Read the rest of this document