(1.) HEARD learned counsel for the parties.
(2.) FACTS in brief are that the petitioner who was working on the post of Nakedar in the Mining department of the State of Rajasthan was placed under suspension vide order Annex. 2 dated 26.7.2004. The basis of the suspension order was that when the check post, where the petitioner was posted, was inspected by the team of Anti Corruption Bureau, the petitioner was found absent therefrom and the official receipt book, which had been issued to the petitioner, had been handed over to private persons.
(3.) THE inquiry officer appointed to conduct the inquiry, exonerated the petitioner of the charges No. 1, 3 & 4 but held him guilty of the charge No. 2 vide inquiry report Annex. 6 dated 13.6.2007. The petitioner's defence regarding the charge No. 1 that he had to leave the check post on account of acute tooth pain was accepted by the inquiry officer while exonerating the petitioner of the said charge.