GANPAT RAM Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) BY way of the instant writ petition, the petitioner has approached this Court assailing the legality and validity of the order dated 10.08.1999 (Annexure -9), whereby the petitioner's disciplinary authority imposed upon him, the penalty of termination from service and the order dated 08.04.2002 (Annexure -19), whereby the appeal preferred by the petitioner against the order of termination was dismissed and the termination order was affirmed.

(2.) FACTS in brief are that at the relevant point of time, the petitioner was posted as a Patwari at Tehsil Chhatargarh. A charge sheet under Rule 16 of Rajasthan Civil Service (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as 'CCA Rules, 1958') came to be served upon the petitioner on 13.03.1992. It was alleged in the charge sheet that owing to incorrect reports made by the petitioner, various chunks of Forest land were wrongly allotted to Shri Shankar Singh and Shri Ram Singh. It was also alleged that owing to a few more incorrect reports made by the petitioner, in the capacity of a Patwari, lands which were not covered within the ambit of small patch, were illegally allotted as small patch lands to (a) Shri Pankaj Kumar, (b) Kishna Ram, (c) Tilok Singh, (d) Madan Singh, (e) Pratap, (f) Khinya Ram, (g) Jee Sukh, (h) Aswar, (i) Durga, (j) Bhadar, (k) Akha Ram and (l) Bhoma Ram. It was further alleged that the petitioner deliberately made the wrong reports in order to favour and to extend unlawful gain to these persons and, thereby caused corresponding loss to the Government.

(3.) THE disciplinary authority, however, agreeing with the findings of the inquiry officer passed the order dated 10.08.1999 (Annexure -9) dismissing the petitioner from service and treating the period of his absence from duty as leave without pay. The petitioner challenged the order passed by the disciplinary authority by preferring an appeal which too was rejected by the appellate authority by order (Annexure -19) dated 08.04.2002. Hence this writ petition.