DEO DAMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution of India.

(2.) THE petitioner Deo Daman was employed as a permanent employee an the then Bikaner State and at the time of integration of the various States was working as Assistant Collector of Rationing. He was later posted as District Supply Officer, Ganganagar. Certain complaints were received against him by the Government and he was suspended on 1st September, 1951 and certain charges were framed against him and enquired into by Mr. Shiamdas Joshi, Deputy Commissioner, Civil Supplies, Bikaner. Mr. Shiamdas Joshi submitted his report to the Government and the petitioner was informed by the Secretary to Government on 2nd May, 1952 that it was proposed to dismiss him from the Rajasthan Service with effect from the date he was suspen-ded and while enclosing a copy of the Rajasthan Public Service Commissioner he was required to show cause why he should not be dismissed. THE petitioner said in reply that he had not been supplied with a copy of the report of the Enquiry Officer and in its absence he was not at all aware what charges had been held proved against him put he submitted his remarks on each one of the allegations on the basis of evidence recorded at the time of the open enquiry and prayed that his remarks be kindly considered simultaneously with the remarks of the Enquiry Officer. THE petitioner was ultimately dismissed from service by the Government on the 11th of June, 1952.

(3.) THE petitioner thereafter again asked for a copy of the report of the Enquiry Officer on the 8th of July, 1952, in order to enable him to file an appeal. To this a reply was sent by the Government that no appeal lav against the order of the Government under the Rajasthan Service (Classification, Control and Appeal) Rules, 1950. THE petitioner filed this petition thereafter on the 13th October, 1952.