( 1 ) THE petitioner was working as an Income Tax Officer at Amritsar, when on 2nd June, 1981, he was served with the statement of imputations of misconduct for commencing a proceeding under Rule 16 of the C. C. S. (C. C. A) Rules 1965. It was alleged that from 14-12-1978 to 18-12-1978, while on tour, he alongwith Jagdish Mittar, I. T. O. used Car No. 7112-JK. P. belonging to M/s. Jammu General Stores, Jammu, with its Driver. The said firm was being assessed by him at that time. The charge was that he failed to maintain absolute devotion to duty thereby contravening the provisions of Rule 3 (l) (i) of the Central Civil Services Conduct Rules, 1964. On 30-10-1981 a D. P. C. for promotion to the post of Assistant Commissioner considered him for promotion but the result was kept in a sealed cover. The petitioner s contention is that he was actually selected by the D. P. C. On 20th January, 1982 he filed a Writ Petition in this Court as large number of I. T. Os. junior to him were being promoted. In his writ petition he prayed for the quashing of the proceedings and the Memo. dated 2-6-1981. He also challenged validity of O. M. No. 39/3/56-Ests. dated 31st August, 1960, issued by the Ministry of Home Affairs providing for the procedure of the sealed cover. According to the petitioner his explanation was accepted by the department and the respondents dropped the departmental proceedings in March, 1982, but it was not formally communicated to him. On 31-3-1982 the counsel for the Respondents asked for the second extension of time for filing a reply to the stay applickation (C. M. 274/82), on the ground that the matter was being considered by the Department. The petitioner filed C. M. No. 17/82 as he found that the promotions were being made while the Government was taking time to file the reply. The Court passed an interim order restraining the Government from making further promotions. The petitioner moved a second application being C. M. No. 1767/82 requesting the Court to decide his two stay applications mentioned above early, because some more promotions were in the offing. On 10-5-1982, Goswamy J. passed the following order :

the Memorandum Annexure b to the writ petition was issued as far back as 2nd June, 1981. It is not disputed that many junior officers to the petitioner have already been promoted. The Department may produce the file in this Court to indicate what steps have been taken from 2nd June, 1981 till date to finalise the proceedings. Let the relevant file be produced on 14th May, 1982". On seeing the file Goswamy, J. passed a further order on May 14, 1982 :

"i have heard the learned counsel for the parties. I am of the opinion that the only order which can be passed at this stage is that the promotions, if any, made would be subject to the result of this writ petition. Mr. Wadhwa has further stated that in case the petitioner succeeds in this petition or is exonerated in the disciplinary proceedings he will be entitled to his promotion with all the consequential benefits with retrospective effect i. e. from the date he was entitled to be promoted. I would also like to observe that the departmental proceedings have been hanging fire for the last about 2 years and in this situation the department would complete the proceedings within three months from today. In the circumstances, this writ petition should be set down for hearing high up in the list on 16-8-1982. The interim stay, already granted, stands vacated. "

( 2 ) AFTER the said order of the Court on 14-5-1982 the petitioner was served with a fresh chargesheet on the same charges, for an enquiry under Rule 16 (l) (b) of the C. C. S. (C. C. A.) Rules, 1965 on the advice of the Central Vigilence Commission. The statement of imputations of misconduct was also supplied to him alongwith the chargesheet. Some more imputations of the conduct of the petitioner during 14-12-1978 to 17-12-1978 were also stated. It was said that at Kishatwar he asked the peo