VIKAS GARG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This civil writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

(2.) Brief facts of this case, as placed before this Court by learned counsel for the petitioner, are that the petitioner was appointed as Junior Engineer in the respondent-Department; he was further promoted to the post of Assistant Engineer on 4/1/2007, and while he was so promoted, the petitioner was relieved on 6/1/2007, for the purpose of joining at his place of posting, upon transfer, and was directed to entrust his charge to one Shri Rahul Goyal. Despite his the transfer, while charge was not being taken from the petitioner, he wrote letter to the concerned Assistant Engineer to release his LPC.

(3.) Learned counsel for the petitioner submitted that the enquiry officer clearly held that the enquiry against the petitioner is a misuse of the process of law, while Disciplinary Authority issued the show cause notice without assigning any reason regarding his disagreement with the report of the enquiry officer. Therefore, as per learned counsel, the show cause notice issued by the Disciplinary Authority is illegal, being not in conformity with Rule 16(10)A of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958.