KARAN SINGH Vs. COLLECTOR BUNDI

JUDGEMENT

(1.) THIS is a writ petition by Karan Singh who was Patwari in the services of the State of Rajasthan. The petitioner, Karan Singh, has been dismissed on February 2, 1982 vide an order (Annexure I ).

(2.) A departmental inquiry was instituted against the petitioner in the year 1975. In that inquiry, the two charges levelled against the petitioner and, after the inquiry they were found to be proved.

(3.) LSOK ls i`fkd djus dk fu'p; fd;k** it means that the petitioner has been removed and not dismissed, and the word used is 'removal' in Hindi and not 'dismissal, the show cause notice, itself, is illegal, arbitrary, malafide, against the principles of law. In the alternative, it was also argued that on the merits of the case, as the department could not prove the charges levelled against the petitioner, nor it could prove that any such amount in dispute which was alleged to have been misappropriated or recovered from the cultivators concerned, which was due and any demand order was issued; the inquiry, itself, held to be void and illegal being against the principles of natural justice, equity and good conscience and so the impugned order of dismissal, by a writ, order or direction in the nature of certiorari and mandamus, deserves to be set aside and quashed.