ANIL KUMAR TOMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner was initially appointed in the Irrigation Department on 20.6.1959. While working as Assistant Engineer, the petitioner was served with a charge sheet u/R. 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958, vide memorandum dated 11.3.1986. Main allegation against the petitioner has been that he remained absent from duty s without sanction of leave.

(2.) After holding a departmental inquiry, on the charges having been proved, punishment of removal from service was imposed on the petitioner vide order dated 24.11.1990. The above order was challenged by the petitioner by way of filing a writ petition before this Court. The SB Civil Writ Petition No. 10 280/1991, as filed by the petitioner came to be allowed by this Court vide mainly on the ground of non-supply of inquiry report. The order dated 24.11.1990 - order dated 19.8.1991 was set aside and the petitioner was ordered to be reinstated in service with all consequential benefits. However, the respondents were given liberty to pass fresh orders of punishment after 15 supplying a copy of the inquiry report to the petitioner and also giving him an opportunity of hearing.

(3.) After decision of this Court in the earlier writ petition, the petitioner was further given an opportunity of hearing and thereafter a fresh order of removal was passed by the disciplinary authority vide order dated 31.5.1993, 20 which is under challenge in the present writ petition.