L M SIMLOT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner is a retired C. A. S. while he was working as C. A. S. Class I, he was put under suspension vide order dated 6. 11. 1969 and a charge sheet was served upon him. An enquiry under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 was commenced On 29. 7. 1972 a show cause notice was served on him to explain as to why the penalty of dismissal should not be imposed upon him. Before final order can be passed, by order dated 25/11/1972. the petitioner was compulsory retired under Rule 244 (2) of the Rajasthan Service Rules.

(2.) ON 20th October, 1973, however, the petitioner has been dismissed from service vide order Annexure-3, which reads as under- GOVERNMENT OF RAJASTHAN DEPARTMENT OF PERSONNEL (Gr- A -III) ORDER No. F. A (91) Apptts. (A-III)/69. Dated, Jaipur the 20th October, 1973. "on the basis of certain allegations, Dr. L. M. Simlot Medical Officer, Moti Katla Dispensary, Jaipur (under suspension)was charge-sheeted, vide this Department Memo of even number, dated the 13th November, 1969. The following charges were framed against him:-Charges against Dr. L. M. Simlot. "that Dr. L. M. Simlot while functioning as Medical Officer of Moti Katla Dispensary, Jaipur during July and August 1965, had been found responsible for various acts of omission and commission which constitute misconduct in as such as:- 1. He in corrupt collusion with Shri S. N. Sharma Service Telegraphist, DTO, Jaipur issued 2 Essentiality Certificates for duplicate treatment, one in the name of Shri S. N. Sharma and other in the name of Mrs. S. N. Sharma (Shanti Devi)for the same period of treatment 10. 7. 65 to 19. 7. 65, which two essentiality of the first two mentioned at S. Nos. 1 and 2 and the other out of the other 2 mentioned at S. Nos. 3 and 4 (out of the following 4 claims)were false, though no such duplicate treatment was prescribed by him to either of these two patients, which certifying of essentiality issuing of two Essentiality Certificates resulted in Shri S. N. Sharma. , service Telegraphist, DTO, Jaipur fraudulently obtaining the reimbursement of such false duplicate claims, causing corresponding lose to the Government:- (i)Claim dated 28. 7. 65 supported by E. C. No. 4 dated 28. 7. 65 for Rs. 86. 95 in the name of Mrs. S. N. Sharma (Shanti Devi ). (ii)Claim dated 20. 8. 65 supported by EC No. 10 dated 20. 8. 65 for Rs. 79. 85 in the name of Mrs. S. N. Sharma (Shanti Devi ). (iii)Claim dated 28. 7. 65 supported by EC. No. 3 dated 28. 7. 65 for Rs. 83. 90 P. in the name of S. N. Sharma. (iv)Claim dated 20. 8. 65 supported by EC. No. 9 dated 20. 8. 65 for Rs. 65. 85 in the name of S. N. Sharma. 2. He by certifying the receipt of Rs. 35/- (Rs. 5 as consultation fee and Rs. 30/- injunction fee) in each of such 2 duplicate essentiality certificates which formed the basis of preferring duplicate claims by said S. N. Sharma either falsely certified the receipt of Rs. 35/- totalling Rs. 70/-against these 2 Essentiality certificates, without actually, receiving the amounts and thereby obtained pecuniary advantage to the tune of Rs. 70/- for said Shri. S. N. Sharma by way of reimbursement, thereof from this department; or received the said amount of Rs. 70/- (Rs. 35 against each of the 2 Essentiality Certificates) without the same being really due to his (as not treatment was prescribed) and thereby obtained undue pecuniary advantage for himself, causing pecuniary loss to the Government.

(3.) ALL that is found is the relevant provisions of rule 170 of the Rajasthan Service Rules (as amended ). Rule 170 reads as under:- "170. The Governor further reserves to himself the right of withholding or withdrawing a pension or any part of it, whether permanently or for a specified period and the right of ordering the recovery from a pension of the whole or part of any pecuniary loss caused to the government, if in a departmental or Judicial proceeding, the pensioner is found guilty of grave misconduct or negligence during the period of his service including services rendered upon re-employment after retirement. "