KRISHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant has preferred this appeal under Section 18 of the Rajasthan High Court Ordinance challenging the judgment and order of this Court dated 23.5.1997 by which the learned Single Judge dismissed the writ petition of the petitioner.

(2.) BRIEF facts of the case are that petitioner was posted as Naib Tehsildar at Bilara. The memorandum dated 24.8.1981 was served upon the petitioner informing him that it is proposed to hold enquiry under Section 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short 'the Rules') on the charges mentioned in the statement of charge. The petitioner submitted reply on 24.9.1981. The Additional District Magistrate, Jodhpur submitted enquiry report which is placed on record as Annex. 7. Thereafter, a show cause notice dated 5.12.1986 was served upon the petitioner informing the petitioner that, after consideration of the enquiry report, it is proposed that it is a case of major punishment, therefore, before proceeding, the petitioner was permitted to make representation within 15 days and he was also permitted personal hearing. The enquiry report was provided to the petitioner. The petitioner submitted reply to the show cause notice.

(3.) THE learned Single Judge, after hearing the parties, dismissed the writ petition of the petitioner. The learned Single Judge held that it is evident from the record that the reply which was submitted by the petitioner was duly considered by the authorities. It was also held that the orders of the disciplinary authority, appellate authority and reviewing authority cannot be considered to be non -speaking orders. The learned Single Judge held that each of the charge along with evidence have been considered. So far as non -cross -examination of Noor Mohd., the witness of the department, is concerned, the learned Single Judge observed that if the petitioner has not cross -examined him, it was his option and, thereafter, the learned Single Judge held that in such type of misconduct of grave nature, no interference can be made in extraordinary jurisdiction under Articles 226 and 227 of the Constitution of India.