STATE OF RAJASTHAN Vs. HARI SINGH BHURIA

JUDGEMENT

(1.) This intra court appeal is directed against order dated 28.8.19 passed by learned Single Judge of this court, whereby the writ petition preferred by the respondent-writ petitioner assailing the order dated 18.4.2000 passed by the Disciplinary Authority dismissing him from service, has been partly allowed and the punishment of dismissal from service imposed by the Disciplinary Authority has been substituted with that of compulsory retirement. It is further directed that the respondent shall be entitled for all the benefits arising out of compulsory retirement.

(2.) The appeal reported to be barred by 21 days, is accompanied by an application under Section 5 of the Limitation Act. The application is not opposed by the learned counsel appearing for the respondent. Accordingly, the application is allowed. The delay in filing the appeal is condoned.

(3.) The facts relevant are that the respondent entered the services of the appellant on being appointed as Lower Division Clerk (LDC). A memorandum of charge dated 24.5.96 came to be issued by the State Government initiating disciplinary proceedings under Rule 16 of Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (for short "the Rules of 1958") against the respondent and two others namely, Rajendra Kumar Nadhediya, District Transport Officer and Shri Jahid Ali, Assistant Transport Inspector. The charge levelled against the respondent was that while working as LDC in the office of District Transport Officer, Jhunjhunu, on 24.4.95 he did registration of Truck No.RJ-18-G- 0526 without verifying chassis number and without taking proceedings as per prescribed Form No.21 and 22.