MAKHANLAL Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) This writ petition has been filed against order dated 21.7.1987 (Exhibit 10), whereby petitioner has been punished with penalty of compulsory retirement with proportionate pension, which has been upheld by appellate authority vide order dated 3.1.1989 (Exhibit 12), and by reviewing authority vide order dated 5.9.1990 (Exhibit 14).

(2.) Facts, in brief, are that petitioner was initially appointed as Patwari in the year 1960. by invoking Rule 244(2) of Rajasthan Service Rules, he was retired compulsorily in public interest vide order dated 30.11.1985, and against which, appeal preferred by him before Rajasthan Civil Services Appellate Tribunal, was allowed on 27.3.1986, and pursuant thereof, he was reinstated in service with consequential benefits vide order dated 23.4.1987 (Exhibit 9), and thereby for intervening period from Dec., 1985 to April, 1987, he remained out of employment.

(3.) While the decision was taken with respect to compulsory retirement, petitioner was facing departmental enquiry and a charge sheet dated 6.11.1982 under Rule 16 of Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 ("CCA Rules") for incidents of the period from Dec., 1972 to May, 1977 when he was working as Patwari was pending against him. After service of charge-sheet (Exhibit 1) along with statement of allegations, petitioner submitted explanation denying charges vide reply dated 18.11.1982 (Exhibit 2), where after Enquiry Officer was appointed vide order dated 13.1.1983 (Exhibit 3).