SHRIKRISHNA MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE above noted two intra -court appeals are directed against the judgment and order dated 25th May, 2005 passed by the learned Single Judge. The original appellant -petitioner -Shrikrishna Meena (deceased) preferred two writ applications raising common question of law and fact and at the joint request of the parties, same were decided by the common judgment and order impugned hereinabove in these appeals. Accordingly, we propose to adjudicate upon the above noted intra -court appeals by this common judgment. Necessary facts for adjudication of the controversy are that the appellant -petitioner, a member of Scheduled Tribe, was appointed as Lower Division Clerk (for short 'the L.D.C.') on 20th January, 1970 in the office of the Collector, Barmer, and having been declared surplus on 25th August, 1970, was absorbed in the Department of Border Home Guards on 26th August, 1970 and thereafter was transferred to Collectorate, Alwar in 1973. Further, on his request, he was transferred to Jaipur in 1974 and was confirmed as L.D.C. vide order dated 30th August, 1983.

(2.) THE appellant -petitioner preferred Writ Application No. 2683 of 1993 challenging a charge -sheet dated 15th November, 1988 under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as 'CCA Rules', for short) for his delinquency during the period w.e.f. 1st March, 1982 to 10th July, 1984 imputing three charges against him. The first charge was levelled for availing encashment by surrender of 30 days Privilege Leave (for short 'the P.L.') instead of one time available in one block year i.e. 1982 -84. Second charge was for interpolation in the block year from "1982 -84" to "1978 -80". Third charge was for the interpolation in the punishment order dated 6th July, 1979 wherein the penalty from "with cumulative effect" to "without cumulative effect" by prefix of Hindi letter "A" to "Sanchai" (with cumulative) making it to read "Asanchai" (without cumulative).

(3.) CIVIL Writ Application No. 3669 of 1999 was directed against another charge -sheet dated 13th June, 1989 under Rule 16 of the CCA Rules for the delinquency for the period from 15 July, 1985 to 15 May, 1986 wherein two charges were imputed against the appellant -petitioner. First charge was for twice availing of encashment by surrender of 30 days P.L. instead of one time encashment of 30 days P.L. in one block year of 1984 -86. Second charge contained the allegation of collusion with one Rohitash Nazir while making interpolation in an entry at page 14 of service book No. 2 for changing the block year 1984 -86 to "1982 -84"; thereby committing misconduct causing loss to public exchequer for personal gain by availing encashment of leave twice in one block year by tampering with the public record.