DURGA LAL VERMA Vs. DISTRICT COLLECTOR, TONK

JUDGEMENT

(1.) By way of filing this writ petition, a challenge has been led to the charge-sheet dtd. 31/1/2002 (Annx.4) issued to the petitioner under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (for short, 'the Rules of 1958').

(2.) Learned counsel for petitioner submits that prior to issuance of the aforesaid charge-sheet, enquiry was initiated against the petitioner whereby the petitioner was called upon to deposit an amount of Rs.3,822.00, which was deposited by the petitioner on 30/6/1989. Counsel submits that thereafter, the District Collector, Tonk directed the Tehsildar, Todaraisingh to drop the matter. In pursuance of the aforesaid directions, issued by the District Collector, the Tehsildar dropped the proceedings vide order dtd. 18/7/1991. Counsel submits that for the charge of misappropriation of the aforesaid amount, the petitioner faced criminal trial before the Court of Special Judge, Prevention of Corruption Act, Jaipur, wherein he was acquitted vide judgment dtd. 26/9/2000. Counsel submits that thereafter, again the respondents issued the present charge- sheet with regard to the similar charges, even after dropping the identical charges in favour of petitioner in the year 1991.

(3.) Counsel submits that subsequent charge-sheet with regard to the same charges cannot be issued against the petitioner and even then, the same has been issued in violation of the provisions of law. Hence, under these circumstances, interference by this Court is warranted. He lastly argued that during pendency of the instant writ petition, the petitioner stood retired and the respondents have withheld all the retiral dues of the petitioner.