RAMKALYAN GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This special appeal has been filed against the order dtd. 14/5/2015 passed by the Single Judge in S.B. Civil Writ Petition No. 7230/2006 whereby the writ petition filed by the appellant was dismissed.

(2.) The indispensable skeletal material facts necessary for appreciation of the controversy raised herein are that the petitioner-appellant was Inspector (Executive) in Cooperative Department of Rajasthan Government. Appellant was placed under suspension on the basis of audit report wherein certain deficiencies were found in relation to Aklera Kraya Vikraya Sahkari Samiti Ltd., where the appellant was working as Manager. A charge-sheet was issued to the appellant on 10/4/1998 under Rule 16 of Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short Rules of 1958). Before issuance of charge-sheet the appellant was placed under suspension on 16/3/1998. The appellant was reinstated subject to pendency of the enquiry on 27/4/1998 and was retired on 30/4/1998 attaining the age of superannuation. After retirement, the enquiry was conducted and the appellant submitted his reply challenging the audit report and pointing out that the Inspector audit wrongly put the blame on the Manager. The enquiry officer submitted his report holding the appellant guilty of charges levelled against him in the charge-sheet. A copy of enquiry report was sent to the appellant by the disciplinary authority calling upon the appellant to submit his representation, if any and was allowed an opportunity of personal hearing. The appellant submitted his representation. The disciplinary authority vide his order dated 7/8/8/2006 punished the appellant with stoppage of 100% pension for all times.

(3.) On the basis of the same audit report an enquiry was also conducted by the Joint Registrar under Sec. 74 of Rajasthan Cooperative Societies Act, 1965 (for short the Act of 1965), who also held the appellant responsible for the alleged financial irregularities vide his judgment dtd. 29/1/2009 and ordered the appellant to deposit Rs.18,13,852.70 Paisa alongwith Rs.1,000.00 as procedure fees. The appellant preferred appeal against the judgment dtd. 29/1/2009 which was heard and decided by the Court of Additional Registrar (II), Cooperative Societies, Rajasthan, Jaipur on 15/11/2010 holding that the appellant and staff are responsible for the negligence and embezzlement of alleged amounts by the appellant is not proved.