STATE OF RAJASTHAN Vs. CHANDRA PRAKASH GUPTA

JUDGEMENT

(1.) THE instant civil second appeal under Section 100 of the Code of Civil Procedure, 1908 is directed against the judgment and decree dated February 17, 1994 in Civil Appeal No. 143/1982 passed by the learned Addl. District & Sessions Judge No. 4, Jaipur City, Jaipur whereby the judgment and decree dated 20. 8. 1982 passed by the learned Munsif cum Judicial Magistrate No. 7, Jaipur City, Jaipur has been upheld and affirmed.

(2.) BRIEFLY stated, the relevant facts are that respondent Chandra Prakash Gupta was provisionally working as Librarian in the Education Department of the State of Rajasthan and he was declared permanent vide order dated 5. 6. 1967. He alleged to have misused the government fund in dereliction discharge of his duties. He also declared the post of Driver as surplus and as a result whereof the government jeep even though in working condition remained idle for more than 2 years. A departmental enquiry was initiated against him on the aforesaid charges under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (here-in-after called in short as "cca Rules" ). During the pendency of the said departmental inquiry, the post of Library Officer was advertised by the Rajasthan State Legislative Assembly in the year 1973. He got his application forwarded for the same. After his selection he was appointed as a Library Officer. Since he was appointed on the post of Library Officer on probation for a period of one year through proper channel, it was mentioned in the relieving order that in the event of his being found guilty in the inquiry being conducted against him he would be liable for whatever punishment may be imposed upon him.

(3.) I have carefully considered the rival submissions made at the bar and have also gone through the entire record.