DR. K.C. GUPTA Vs. THE STATE OF RAJASTHAN THROUGH THE SECRETARY, MEDICAL AND HEALTH DEPARTMENT, GOVERNMENT SECRETARIAT, GOVERNMENT OF RAJASTHAN, JAIPUR

JUDGEMENT

(1.) Instant intra court appeal has been filed against order of the learned Single Judge dated 20.04.2010.

(2.) The brief facts of the case are that the appellant who is a doctor and joined service as CAS on 24.01.1976 went for foreign assignment with prior permission for one year to Libya and left on 05.09.1984 and after expiry of the period of one year for which permission was granted by the employer in the ordinary course he was supposed to report back to duty but as it is happening that the doctors once go abroad never report back and join their duty and sent letters seeking extension and this what happened in the instant case as well that after the expiry of the period of one year for which permission was granted to him he failed to report on duty and sent letters as alleged seeking extension of time but no extension was granted to him and he reported back after six years to duty on 13.09.1989.

(3.) However, he was permitted to join and also given adhoc promotion on the post of Junior Specialist on 24.04.1990 and for the alleged delinquency of wilful absence from the duty being committed a regular charge-sheet u/R 16 of CCA Rules, 1958 dated 13.11.1995 was served upon him. It is not the case of the appellant that the charges levelled against him for holding disciplinary enquiry under the Disciplinary Rules,1958 is not the misconduct under the Conduct Rules,1971. After the written reply was filed and the Enquiry Officer was appointed at that stage the appellant approached to this Court by filing writ petition-2741/1997 and his grievance was that the charge-sheet has been belatedly served upon him and further submitted that after he has been given ad-hoc promotion to the post of Junior Specialist vide order dated 24.04.1990 his past misconduct stands absolved and not open to be inquired by serving him a charge-sheet and also raised objection that as he has retired from service pending proceedings before the learned Single Judge seeking voluntary retirement while in service the enquiry not to be proceeded any further in reference to charge-sheet dated 13.11.1995.