KEWALCHAND Vs. MUNICIPAL BOARD BALOTRA

JUDGEMENT

(1.) The petitioner by means of this petition seek directions, to the respondents for making payment of pension arrears with interest @ 18% ; to pay pension month by month and also to take disciplinary action against the officer who has delayed the case of the petitioner for grant of pension.

(2.) The petitioner was appointed as Naka Guard on 23rd April, 1957 in the Municipal Board, Balotra. He was promoted to the post of Sub Nakedar on production of the Certificate by him of his having passed 8th standard. Later on, the said Certificate on the basis of which the petitioner was granted promotion was found fake. The respondent vide notification dated 8.4.1987 initiated the proceedings of an enquiry under Rule 16 of the Rajasthan Civil Services (CCA) Rules, 1958 (in short C.C.A. Rules hereinafter). During enquiry, the petitioner accepted his guilt and the penalty of dismissal was passed by the Administrator, Municipal Board,Balotra which subsequently stood modified by the Dy.Director, Local Self Department, Jodhpur, to compulsory retirement vide his order dated 3rd May, 1989. Since then, the petitioner made many representations to the respondents for release of the pensionary benefits but are in vain. The petitioner under such circumstances has approached the Court seeking relief prayed for .

(3.) The respondents in their reply has stated that the petitioner submitted forged certificate of 8th pass standard and believing it to be true, he was granted promotion to the post of Sub Nakedar. On coming to know this fraud, disciplinary proceedings under the C.C.A. Rules were initiated against the petitioner. He was charge sheeted on 8.4.1987. In reply to the Charge-sheet, the petitioner confessed his guilt and felt sorry. He was dismissed vide order dated 5.3.1988 by the Administrator, Municipal Board, Balotra which was subsequently modified vide order dated 3.5.1989 to compulsory retirement.