GYAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed against the order (Annexure 5) of the Deputy Secretary, Revenue (Gr. 1) Department, Government of Rajasthan, Jaipur dated January 28, 1981 by which l/5th of the pension payable to the petitioner has been withheld under Rule 170, Rajasthan Service Rules. The facts of the case giving rise to this writ petition may be summarised thus.

(2.) IN the year 1974, the petitioner was Tehsildar-cum-Sub-Registrar, Revdar (Sirohi ). 55 bighas 7 biswas of agricultural land situated in village Harni Amrapura Tehsil Revdar (Sirohi) was sold by the Khatedars Devisingh, Bhanwar Singh and Lal Chand for Rs. 20,000/- to Pabudan Singh, Prabhu Singh and Bhagwan Singh, sons of the petitioner, and three sale-deeds were presented before him for registration and they were duly registered. Mutation of the said agricultural land was duly effected in their favour. On October 10, 1975, charge-sheet under Rule 16, Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 was served upon him. The Collector, Sirohi was appointed as enquirying officer. After taking his reply, examining the nine witnesses of the department and hearing the Presenting Officer and the petitioner, the Collector, Sirohi gave his report on April 30, 1978 holding that all charges except one are proved. Meanwhile, the petitioner retired on February 28, 1978. Thereafter, show cause notice Annexure 1 was issued on October 31, 1979 by the Deputy Secretary Revenue (Gr. 1) Department, Government of Rajasthan. The petitioner filed his reply on February 18, 1980. After hearing him, the impugned order (Annexure 5) was passed withholding his l/5th pension.

(3.) CONSEQUENTLY, the writ petition is allowed. The order of the State of Rajasthan dated January 28, 1981 (Annexure 5) is quashed. No order as to costs. .