KULWANT SINGH Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) HEARD learned counsel for the parties. By way of the instant writ petition, the petitioner has approached this Court assailing the legality and validity of the charge -sheet dated 28.5.2012 (Annex. 1) whereby it was proposed to hold an inquiry against the petitioner under Rule 7 of the Rajasthan Civil Services Pension Rules, 1996 (referred to herein after as 'the Pension Rules, 1996') read with Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (referred to herein after as 'the CCA Rules'). The memorandum of charges as served to the petitioner reads as follows: -

(2.) LEARNED counsel for the petitioner has assailed the validity of the charge -sheet on the ground that the charge of delinquency which is attributed to the petitioner is that the petitioner did not comply with the order dated 10.12.2002 passed by the Labour Court, Udaipur in Claim Case No. 33/98 and the order dated 30.5.2005 passed by this Court in S.B. Civil Writ Petition No. 45/2004 and did not make the payment made to 11 workmen (claimants before the Labour Court) in proceedings under Rule 17B of the Industrial Disputes Act, 1947 and also took the workmen on "pateya vetan" without seeking financial sanction from the competent authority.

(3.) LEARNED counsel for the respondents opposes the submissions advanced by the learned counsel for the petitioner. He attempted to defend the impugned charge -sheet contending that as a consequence of the petitioner's delinquency, the Government had to pay a sum of Rs. 49,23,150/ - to the workmen in the month of July, 2011 and as such, the charge -sheet discloses a continuous cause of action and should not be quashed on the ground of limitation as prescribed under Rule 7(2)(b) of the Pension Rules, 1996.