STATE OF RAJASTHAN Vs. NARENDRA MAL

JUDGEMENT

(1.) BY this Special appeal under Section 18 of the Rajasthan High Court Ordinance, the State of Rajasthan has questioned the correctness of the orderdated August 12, 1980, passed by a learned Single Judge of this court, by which he dismissed its petition under Article 226 of the Constitution of India seeking to quash the order (Ex.6) dated May 9, 1979 of the Rajasthan Civil Services Appellate Tribunal. Jaipur (for short the Tribunal), by which it quashed the order of compulsory retirement of respondent No. 1.

(2.) BRIEFLY put the facts leading to this appeal are these : Respondent No. 1, who was the appellant before the Tribunal was initially appointed as Muafi Enquiry Officer on September 18, 1948 in the Settlement Department of the erstwhile Jodhpur State. He was appointed as Naib -Tehsildar in the year 1954. He was promoted to the Rajasthan Administrative Service in the year 1971. Respondent No. 1, continued on this post until the order (Ex -1) dated October 22, 1975 was passed compulsorily retiring him under Rules 244(2) of the riasthan Service Rules (hereinafter referred to as 'the Rules'). Respondent No, 1 was promoted asTehsildar in the jear 1960. During his tenure as Tehsildar and until he was promoted on ad hoc basis in the cadre of Rajasthan Administrative Service, there were certain enquiries against him* The details of the enquiries and punishments are as follows:

(3.) FEELING aggrieved, the State of Rajasthan has come up in appeal.