SARVADA NAND SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals have been filed by Dr. Sarvada Nand Sharma and the State of Rajasthan, against the order dated 27. 8. 1997, passed by a learned Single Judge of this Court. We have heard Shri R. C. Joshi, learned counsel for Dr. Sarvada Nand Sharma, and Shri N. K. Maloo, learned counsel for the respondent - State.

(2.) THE petitioner appellant in Appeal No. 852/1999, was serving as Sheep & Wool Extension Officer. A charge sheet was served upon him under section 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 on 22. 10. 1982. After conducting the enquiry, an order dated 3. 8. 1985, imposing punishment of dismissal from service, was passed by the respondent State. THE said order was challenged by the petitioner appellant in this Court by filing writ petition. THE writ petition was disposed of by a learned Single Judge vide order dated 27. 8. 1997. A short order was passed by the learned Single Judge, which reads as under; " By this writ petition, the order of termination of service dated 3. 08. 1985 have been challenged. THE petitioner has already attained the age of superannuation. THE arguments of both the learned counsel for the parties have been heard. THE finding which has been given in respect of two charges is of fact which does not require any interference in exercise of power under Article 226 of the Constitution of India. THE fact that the medicine were purchased by the petitioner is not disputed one. THE other charge is that such medicine was distributed to the villagers at higher price to earn the profit and fees etc. THE order of termination in the facts and circumstances, cannot be said to be bad in law. It is, however, directed that the petitioner could be given pensionary benefit by taking into consideration the services rendered by him till 3. 08. 1985 when the order of termination was passed. THE writ petition shall stand disposed of with the above observation. "

(3.) WE have perused entire pleadings and the documents filed. In this case, vide the memorandum dated 22. 10. 1982 (Annex. 3 to the writ petition) the appellant employee was served with a charge sheet along with the statement of allegations. The allegations levelled against him was that while working as Sheep & Wool Extension Officer, Kharchi, District - Pali, he has misused his post by unauthorisedly purchasing medicines directly from the company. The other charge was in regard to distribution of the said medicines among the poor sheep owners by charging fees thereof, thereby misusing his post and powers for personal benefits.