B L MEGHWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned counsel Mr. Saluja for the appellant stated at the bar that he will be satisfied with the order of compulsory retirement instead of order of dismissal from service passed by the disciplinary authority against the appellant. In view of the above, notice is ordered to be issued to the respondents. Learned A.A.G. Mr. Jangid is directed to accept notice. Mr. Saluja has supplied copy of special appeal alongwith writ petition to Mr. Jangid. At the joint request and by the consent of the learned counsel for the parties, this special appeal is heard and disposed of today itself by this order.

(2.) The appellant belongs to Scheduled Caste of Meghwal. He was to retire from service with effect from November 30, 1999. Just a day before i. e. on November 29, 1999, his services were terminated by the disciplinary authority as per the order at Annexure. 13. The same was challenged by the appellant before this Court by way of writ petition No.3962/2000 which was dismissed in limine at the admission stage itself by the learned single Judge. Hence, this special appeal.

(3.) Earlier, the appellant was placed under suspension during the departmental proceedings initiated against him for different misconduct. During that period of suspension, he remained absent from headquarter without obtaining prior permission from the authority and without prior permission of the State Government, he worked on television as news reader from September 9, 1988 to May 12,1989 and from May 13, 1989 to June 5, 1992 from Delhi and Ahmedabad TV Relay Centres. For these two charges, he was charge- sheeted on August 29, 1993. He submitted his explanation by reply dated November 5, 1993 but the same was not found plausible, therefore, the authority decided to hold disciplinary proceedings against him and accordingly appointed the enquiry officer. The enquiry officer found both the aforesaid charges proved. Copy of the enquiry report was supplied to the appellant and after considering his reply to the show cause notice, the authority with the consultation of RPSC passed an order of dismissal from service.