BAL KISHAN GARG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the instant petition, the petitioner has prayed that the order dated 13. 3. 90 (Annexure 7), passed by the Rajasthan Civil Services Appellate Tribunal, Rajasthan, Jaipur, as well as the notice dated 9. 4. 85 (Annexure 4), issued by the Collector, Chittorgarh be declared invalid and be quashed, with all consequential benefits.

(2.) THE facts giving rise to the instant petition are that Shri Bal Kishan Garg-petitioner was appointed as Patwari vide order dated 25. 12. 1954. For the first time, vide order dated 10. 10. 75, the petitioner was given compulsory retirement under Rule 244 (2) of the Rajasthan Service Rules, 1951 (for short, `the Rules, 1951' ). THEreafter, the aforesaid order of compulsory retirement was revoked by a subsequent order dated 4. 5. 77 and the petitioner was taken back in service.

(3.) IT is submitted by the learned counsel for the petitioner that vide order dated 13. 7. 84, the petitioner was placed under suspension under Rule 17 of the Rajasthan Land Revenue (Land Records), Rules, 1957 (hereinafter referred to as `the Rules, 1957' ). Thereafter, vide order dated 23. 5. 84, he was reinstated back in service. However, a memorandum dated 27. 9. 84, issued by the Collector, Chittorgarh, was served upon the petitioner, informing him that the Department has proposed to hold an inquiry against him under Rule 177 of the Rules, 1957 on the basis of the charges set out in the charge-sheet and the statement of allegations. The petitioner sought certain documents from the Department for giving reply to the aforesaid memorandum, charge- sheet and statement of allegations. After receiving the desired documents, he gave reply and denied the allegations.