RADHEY SHYAM SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner Radhey Shyam, now dead, was employee of the UIT, Ajmer, having been appointed as Munshi in the year 1968. He was promoted as LDC in the year 1979.

(2.) THE petitioner was charge-sheeted on 25. 1. 1986 on the allegation that he had remained wilfully absent from duty from 19. 12. 1985 to 31. 12. 1985 and that he was on regular habit of delayed visiting to the office and he was negligent in his duties. Ultimately one Mahesh Chand Sharma was appointed as Enquiry Officer on 8. 8. 1986. THE Enquiry Officer had given a finding against the delinquent official; a tentative decision of imposing penalty of removal was taken against the petitioner. While imposing the punishment, the Secretary, UIT had taken into account that he had come to the office late on 1. 7. 1986, 21. 7. 1986, 22. 7. 1986 and again four days in the month of August 1986 and then about a few days in the months of December 1986 but after attending the office for sometime, he had left the office. He was ordered to be removed from service on 18. 3. 1987 vide order dated 18. 3. 1987, copy of which is attached as Annexure-2 to the writ petition. Appeal filed against such order was rejected by one line order Annexure-3. THE petitioner filed the present writ petition.

(3.) THE Enquiry Officer was appointed vide order dated 25. 6. 1986 when one Shri Niranjan Kumar was appointed as Enquiry Officer vide letter Memo No. 86/224 dated 25. 6. 1986. No enquiry proceedings were taken till 8. 8. 1986 when Enquiry Officer was changed and instead the Mahesh Chand Sharma was appointed as Enquiry Officer vide letter dated 8. 8. 1986.