RAM DEV SHARMA Vs. STATE

JUDGEMENT

(1.) THE petitioner, a Patwari, was subjected to disciplinary action under a memorandum dated 30.11.2000 issued by the disciplinary authority exercising powers under Section 16 of Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958. THE petitioner submitted his explanation and denied all the four charges of misconduct levelled against him. Considering the same, the disciplinary authority appointed an enquiry officer, who submitted his report on 18.8.2003. Pertinent to note here that the petitioner on attaining the age of superannuation retired from service on 30.1.2003, therefore, the report of enquiry officer and the entire record of enquiry was submitted to the State Government. THE Deputy Secretary to the Government of Rajasthan, Department of Revenue (Group-I), Jaipur under a communication dated 19.11.2003 supplied a copy of enquiry report to the petitioner and also demanded his comments on the findings given by the enquiry officer. 2

(2.) A detailed explanation (Annex.8) was submitted by the petitioner, wherein he stated that the enquiry officer failed to consider the evidence adduced in defence and also that the mutation entered by the delinquent on the basis of which allegations of misconduct are made were affirmed by the competent authorities. The Deputy Secretary to the Government of Rajasthan, Department of Revenue (Group-I), Jaipur then passed the orde4r impugned dated 21.10.2005 withholding the petitioner's pension to the extent of 10% permanently. Being aggrieved by the same, this petition for writ is preferred.