JAGMAL SINGH Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) The petitioner herein has challenged the Order dated 27.07.1999 withholding 100% pension of the petitioner in pursuance to the report of the Enquiry Officer holding 27 charges as proved against him.

(2.) The petitioner was appointed as Lower Division Clerk with the respondent department on 13.06.1960. He was promoted to the post of Inspector on 27.10.1960 and subsequently to the posts of Naib Tehsildar and Tehsildar on 06.01.1963 and 03.01.1976, respectively. Thereafter, the petitioner was granted Junior Scale of Rajasthan Administrative Services on 01.07.1986 and later on, was promoted to Senior Scale of Rajasthan Administrative Services w.e.f. 16.02.1992. However, he was placed under suspension on 05.11.1992 but no charge-sheet was served upon him for almost 06 months. Accordingly, he was reinstated in service on 31.07.1993 and superannuated on the same day i.e. 31.07.1993. After his retirement, a notice was issued to him on 30.08.1993 asking him to file reply to the charge-sheet which is purported to have been sent on 30.07.1993. The petitioner immediately vide his letter dated 10.09.1993, responded to the notice by stating therein that he has not received the charge-sheet. Hence, another charge-sheet was handed over to him on 13.10.1993. The petitioner duly submitted his reply to the charge-sheet. The Enquiry Officer held him guilty of all the 27 charges vide his enquiry report. Thereafter, the State Government vide Notice dated 11.09.1998 asked the petitioner to submit his representation which he duly submitted on 06.10.1998. However, his representation was rejected and the respondent authorities passed an Order dated 27.07.1999 withholding the entire pension of the petitioner.

(3.) While praying for setting aside the impugned Order dated 27.07.1999, some of the arguments raised by the learned counsel for the petitioner are as under :-