PRABHUDAYAL Vs. STATE OF RAJASTHAN & OTHERS

JUDGEMENT

(1.) Instant misc. petition has been filed under Section 482 Cr.P.C. by the petitioner, appellant of Appeal No. 597/2002(Prabhu Dayal Vs. Director, Secondary Education and Another) pending before Rajasthan Civil Services Appellate Tribunal, Jaipur(hereinafter referred to as 'the Tribunal') to quash and set aside the order dated 07.05.2010 passed in Misc. Application No. 7/2004(Prabhu Dayal Vs. Ashok Kumar) filed under Section 340 Cr.P.C., whereby the learned Tribunal has dismissed the aforesaid application.

(2.) Brief facts of the case are that the petitioner submitted a Misc. Application No. 7/2004 against one Ashok Kumar, Senior Deputy District Education Officer(Legal), Jaipur(Respondent No. 2) before the learned Tribunal. In this application, Respondent No. 2 has stated that for sanctioning provisional pension, consent of the employee is also necessary. Under these circumstances, after seeking consent of the appellant, took too much time in giving his consent, therefore, delay has been caused in sanctioning the provisional pension and provisional PPO Order was issued on 28.02.2002. After hearing learned counsel for the petitioner, the Tribunal passed an order to issue notice to the non-petitioner of the application under Section 340 Cr.P.C. Non-petitioner did not appear before the learned Tribunal and no reply was submitted. The learned Tribunal without following the due process of law heard the matter finally and rejected the valid application of the petitioner against the law of natural justice, in a very irregular manner. Aggrieved by the impugned order dated 07.05.2010, the petitioner has filed this misc. petition.

(3.) Heard learned counsel for the petitioner, learned Public Prosecutor appearing on behalf of the Respondent No. 1-State as well as learned counsel for the Respondent No. 2 and perused the record.