R C LAL AGRAWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition petitioner has assailed order dt. 12. 12. 96 (Ann. 23) whereby he has been inflicted with penalty of withholding of full pension for life in exercise of power under Rule 170 of Rajasthan Service Rules, 1951 ("r. S. R. "), after holding an inquiry under Rule 16 of Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 ("cca Rules" ).

(2.) THIS writ petition was earlier decided by this Court vide judgment dt. 04. 05. 2000 on the premises that petitioner has an alternative remedy of review available U/r 34 of CCA Rules. However, review petition preferred by him was rejected vide order dt. 16. 08. 99 holding that there is no power conferred upon the Governor to review the order dt. 12. 12. 96. Therefore, petitioner again approached this Court by filing review petition No. 34/2000; and this Court recalled its judgment dt. 04. 05. 2000 vide order dt. 16. 04. 2001. Accordingly the matter has come up for hearing.

(3.) PETITIONER was to retire on attaining superannuation age on 31. 03. 1994 but a day before it, he was served with a charge sheet U/r 16 of CCA Rules (Ann. 13) on 30. 03. 94 with the allegation of wilful absence from duty from 14. 10. 93 till attained age of superannuation on 31. 03. 94. However, provisional pension was sanctioned to petitioner vide order dt. 10. 02. 95 (Ann. 19) w. e. f. 01. 04. 94 and accordingly pension payment order (Ann. 20) was issued and thus he was getting provisional pension till conclusion of departmental inquiry.