LAXMAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner Laxman Singh in present writ petition has challenged order dated 05.07.1989 by which he was awarded penalty of stoppage of three grade increments with cumulative effect and the order dated 05.04.1995 by which his appeal filed against that order, was dismissed.

(2.) Petitioner was working as Lower Division Clerk (for short, 'LDC') in the office of Collector (Land Records), Kota. A criminal case was registered against him for offence under Sections 363 and 366 of the Indian Penal Code (for short, 'IPC'), bearing FIR No.124/1985 at police station Nayapura, Kota. Petitioner was arrested by police on 30.04.1985. It was therefore that he was placed under suspension vide order dated 02.05.1985 with effect from 30.04.1985 itself. Subsequently, however, he was enlarged on bail. In criminal trial however petitioner was acquitted of those charges by the learned District Judge, Kota vide his judgment dated 03.06.1986. Petitioner thereafter applied for grant of privilege leave for a period of 30 days with effect from 22.04.1985 to 21.05.1985 and said period of absence of petitioner was regularised. According to petitioner, this leave was sanctioned to him by the Collector (Land Records), Kota. However, respondents contend that leave was applied for visiting tourist places on the eve of youth year, but, after sanction of leave, the petitioner in fact never proceeded on leave rather he eloped with a minor girl Miss Ranjana Sharma to village Tathed, who was daughter of his neighbour and when this fact came to the knowledge of respondents, leave was cancelled and petitioner was asked to immediately report on duty.

(3.) A charge-sheet under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (for short, 'CCA Rules') was served on petitioner on 06.08.1985 primarily on the charge that he got the leave sanctioned on pretext of going to certain tourist places on the eve of youth year but instead, he went to village Tathed. He thereby misled the authorities and left the Headquarters without permission. He, therefore, deceived the authorities by leaving the Headquarters without permission. Another charge against him was that Shri Krishna Gopal Joshi had filed a criminal case against him for abducting his minor daughter and FIR under Sections 363 and 366 Penal Code was registered against him in which he was arrested on 30.04.1985 at 5.00 PM. His conduct, being wholly immoral and unbecoming of a Government servant, was a serious misconduct.