NANAG RAM VERMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The prayer of the petitioner in the instant writ petition is as under :

(2.) Contextual facts depict that the petitioner came to be appointed as Amin vide order dated November 15, 1947. Thereafter he was promoted to the post of Inspector, Naib Tehsildar and Tehsildar vide orders dated April 1, 1950, November 19, 1958 and January 27, 1976 and vide order dated November 26, 1981 the petitioner was promoted to the post RAS (Ordinary Scale) on ad hoc basis. The petitioner joined as DSO (Land conversion) on January 27, 1982 and posted at Churu. In the year 1987 he was posted at Tonk on the post of Assistant Collector.

(3.) A memorandum under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short CCA Rules) accompanied by chargesheet, statement of allegations and a list of documents were served on the petitioner. The petitioner submitted reply to the charge sheet before the Enquiry Officer. On attaining age of superannuation on December 31, 1988, the petitioner got retired from the service. On the same day an order came to be issued by the Special Secretary to the effect that pending conclusion of the Departmental Enquiry under Rule 16 of the CCA Rules his Death-cum-Retirment Gratuity shall stand withheld. Thereafter vide order dated January 30, 1989 the Additional Commissioner (I), Departmental Enquiry was appointed as an Enquiry Officer and it was directed that the enquiry would be initiated under Rule 170 of the Rajasthan Service Rules, 1951 (for short RSR). The enquiry officer submitted report in February 1991. A show cause notice dated October 14, 1991 along with the enquiry report was given to the petitioner. The petitioner submitted reply to the notice. Thereafter second show cause notice was issued on May 6, 1992. In the notice a punishment of withholding of 1/10 pension for five years was proposed. The petitioner submitted reply to the show cause notice. Thereafter the order dated May 31, 1993 was passed whereby punishment of withholding of 1/10 pension for five years was imposed on the petitioner.