passed an interim order directing that the order of transfer may not be given effect to till the end of April, 2013. Despite such interim order, the petitioner was shown relieved from the post vide order dated 20.02.2013, but before receipt of such relieve order the petitioner had applied for leave. In spite of interim order passed by this Court, the authority did not allow him to join in the office of BDA. By order dated 02.05.2013 this Court dismissed W.P.(C) No.4077/2013 and vacated the interim order. After dismissal of the writ petition and vacation of the interim order, the Senior Administrative Officer, BDA in his letter dated 02.05.2013 refused the leave application of the petitioner dated 23.03.2013 on the ground that no Casual Leave can be sanctioned by BDA as he has already been relieved from the office of the BDA w.e.f 20.02.2013. However, the petitioner joined as Planning Member under SDA on 06.05.2013 which was duly intimated to the State Government on the very same day. His LPC was forwarded by BDA to the office of the SDA vide letter dated 18.12.2013. While the petitioner was so continuing and discharging his duty as Planning Member of the SDA, he was promoted to the next higher grade i.e. Associate Town Planner (Class-1 post) on the recommendation of the Departmental Promotion Committee with the approval of the authority and such order was passed on 15.11.2014. While the petitioner was continuing and discharging his duty as Planning Member of the SDA, he received a letter of Vice Chairman, BDA with regard to initiation of departmental proceeding against him under Rule 15 of the OCS (CCA) Rules, 1962 and also was served the memorandum of charges with articles and imputations thereof. Assailing such initiation of proceeding, the petitioner has approached this Court by filing W.P.(C) No.12007/2015.
