MITHLESH SHARAN SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant petitioner (hereinafter to be referred to as "the petitioner") was an employee of the police department. He was subjected to disciplinary proceedings on the charge of wilfull absence from duty for the period from 8. 10. 1975 to 9. 6. 1978 and after due enquiry the Superintendent of Police, Bharatpur vide its order 17. 4. 1979 terminated the services of the petitioner. THE petitioner's appeal against the order of termination was also dismissed by the Deputy Inspector General of Police, Jaipur vide order dated 27. 12. 1979. THE petitioner again preferred an appeal before the Commissioner (Home) challenging the order dated 27. 12. 1979. However, Deputy Secretary (Home) vide letter dated 25. 4. 80 informed the petitioner that there was no provision of filing second appeal and that he may file review petition before his Excellency the Governor. It appears that the petitioner preferred a review petition before the Governor, but of no avail.

(2.) IT would be pertinent to state here that in the mean time some criminal case was also registered against the petitioner, but ultimately the petitioner was acquitted of the charges by the trial court.

(3.) THE learned Single Judge while dismissing the above Misc. Application vide its order dated 8. 1. 2002 observed that whatever has already been paid to the petitioner in terms of pensionary benefits may not be recovered from the petitioner. As regards post retiral benefits, the court held that since the services of the petitioner already stood terminated and affirmed by the court vide its order dated 8. 11. 96, the question of any payment on said account does not arise as the same is not admissible in view of his termination.