VAIDYA GANPAT LAL HARIT Vs. STATE AND OTHERS

JUDGEMENT

(1.) The petitioner who was a senior most 'Zila Ayurved Adhikari' as per the seniority-list marked Annexure-1 on record and was due for promotion to the post of Deputy Director, Ayurved, was subjected to imposition of penalty under Rule 16 of the C.C.A. Rules by withholding of three grade increments with cumulative effect in terms of the order dated 26.7.1995 (Annexure - 2) impugned herein. The gravaman of the charge against the petitioner who was the Member of the Selection Committee and also against the then Chairman Shri Hanuman Prasad Nandwana (respondent No. 4 herein) was that the petitioner had allegedly caused the pecuniary loss to the department in making selection of the ward boys who were to be absorbed in the Ayurved Department. Meeting of the Committee was convened under the Chairmanship of respondent No.4 on 24/25.10.1985 in the office of the petitioner who at the relevant time was District Ayurved Officer, Jhunjhunu. The petitioner was placed under suspension following the departmental enquiry initiated against him and also against the Chairman, respondent No. 4. The enquiry was initiated against the petitioner on 29.12.1989 under the CC.A Rules.

(2.) Though, the candidates were recommended by the Selection Committee on the basis of interview and the list was prepared on it could not see the light of the day and in the meantime on the basis of the alleged pecuniary loses caused to the respondent, the petitioner and also the Chairman were suspended from services of the department.

(3.) It has been contended by the learned counsel for the petitioner that since the petitioner had at the relevant time not obliged the then Collector Jhunjhunu, one Ganpat Lal Yadav he not only cancelled the selection list but also passed the adverse remarks against the working of the petitioner for which he was constrained-to move this Court by filing a writ petition No. 409/89.