SHIV KUMAR KHANDELWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of present petition, the petitioner has challenged the impugned charge-sheet dtd. 24/5/2009 (Annexure-3) issued to the petitioner as also the penalty order dtd. 7/7/2020 (Annexure-15), whereby, in departmental enquiry conducted under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short "CCA Rules"), the Command Area Development Commissioner, Chambal, Kota (for short "CAD Commissioner") has imposed a penalty of forfeiture of services prior to 18/7/1999.

(2.) The facts of the case, as per learned counsel for the petitioner, are as follows. The petitioner was initially appointed as Junior Engineer (Degree Holder) by the Director, Agriculture Department of the State of Rajasthan. In August of 1989, the petitioner was sent on deputation by the Director, Agriculture Department, State of Rajasthan (i.e. parent department) to Command Area Development, Kota (for short "CAD"). In 1998, the petitioner applied for Post Graduate Course, i.e. Masters of Engineering (Agriculture) as a sponsored candidate of Government of Rajasthan in Irrigation Water Management (for short "IWM") at College of Technology and Agricultural Engineering, Udaipur (for short "CTAE"). The application of the petitioner, along with two other people, was also forwarded by the Agricultural Department of the State of Rajasthan vide letter dtd. 18/7/1998 to Dean, CTAE, Udaipur. The said application was also accepted by the Rajasthan Agricultural University vide letter dtd. 1/9/1998. However, the CAD Commissioner cancelled the nomination of the petitioner to pursue the degree by a vague and non-speaking order dtd. 2/9/1998 and subsequently vide order dtd. 4/9/1998, the petitioner was repatriated to his parent department. Thereafter, the State Government issued order dtd. 11/9/1998 according permission to the petitioner for admission in PG course at CTAE, Udaipur and accordingly a letter was issued on 18/19/9/1998 by CTAE, Udaipur admitting the petitioner as a special case as sponsored candidate of the Government. Vide order dtd. 7/10/1998, the petitioner was again sent on deputation by the Agriculture Department to CAD, Kota and in compliance thereof, the petitioner gave his joining at CAD, Kota on 13/10/1998 and requested for relieving him on account of his academic requirement. When no action was taken, the petitioner filed another representation on 20/10/1998 and thereafter vide order dtd. 2/11/1998, the petitioner was allowed to join. However, to the utter shock of the petitioner, the petitioner was served with a charge-sheet under Rule 16 of the CCS Rules on 24/5/1999, which resulted in passing of the impugned order of punishment dtd. 7/7/2000.

(3.) Assailing the impugned orders, learned counsel for the petitioner made the following submissions.