KISHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A chargesheet has been issued to the petitioner (since deceased), the concerned employee, under Rule 16 of the CCA Rules vide memorandum dated 13. 3. 1987. Disciplinary authority exonerated the concerned employee vide order dated 18. 7. 1988. However, the appellate authority issued a show cause notice to the concerned employee under Rule 32 of the CCA Rules for imposing appropriate penalty. After receiving reply to the show cause notice, the appellate authority imposed penalty of removal vide order dated 20. 3. 1989. Further revision to the State Government against the above order has also been dismissed vide order dated 25. 8. 1992. Hence, the present writ petition.

(2.) LEARNED counsel for the petitioner submitted that since no penalty has been imposed by the disciplinary authority, the provisions of Rule 32 could not have been invoked by the appellate authority. The point of limitation has also been raised on behalf of the petitioner.