LAXMI LAL MAHESHWARI Vs. STATE

JUDGEMENT

(1.) THE present old writ petition of 1998 filed by Laxmi Lal Maheshwari, who has expired during the long waiting period in the dockets of the Court on 8/4/2013, without being able to see the success of his case.

(2.) THIS petition was filed against his compulsory retirement order dated 9/5/1984, which was upheld by the Appellate Authority also on 1.7.1997 and aggrieved of both these orders, he had filed the present writ petition, spread into 110 pages with documents annexed with writ petition, the bulky record swelled to 345 pages, to which a reply was filed by the respondent Department also and after lengthy arguments of learned counsels, a brief written submission has also been submitted in the Court on the conclusion of arguments & thus, it is being disposed of by this Court by this order.

(3.) IN the said inquiry, the petitioner appears to have not participated on account of facing criminal trial on the same set of facts & material against him and, therefore, an ex -parte inquiry report was given against him and on the basis of same he was ordered to be compulsorily retired vide order dated 9/5/1984. The appeal filed by the petitioner against the said order also could not bring any fruitful result, even though by that time his acquittal order dated 17/4/1996 had come, but the appeal also came to be dismissed by the concerned Special Secretary of the Education Department of Govt. of Rajasthan on 1/7/1997. Copies of these two impugned orders are placed on record as Annex.17 and 43. The present writ petition was filed by the petitioner in this Court on 10/2/1998 and same was admitted after hearing both the parties on 11/11/2005 after show cause notices were issued on 21/4/1998 and hearing was directed to be expedited but the hearing of the said case was deferred for one reason or the other and in the meanwhile the petitioner died on 8/4/2013 and, thereafter, his legal representatives were taken on record on 4/9/2013 & the matter was heard at length by this Court on 18/2/2014.