J N PUROHIT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) UNDER order Ex. 22 dated May 9, 1977 a penalty of withholding of 50% pension of Dr. J.N. Purohit, the petitioner, for a period of 10 years for various charages levelled against him, was imposed by the Government. The Government further ordered that the petitioner who was placed under suspension may not be paid anything beyond the subsistence allowance already drawn by him and the period of suspension be treated as period spent on duty for purposes of pension only. The aforesaid order Ex. 22 has been challenged by the petitioner, J.N. Purohit, and the petitioner has prayed that the same may be quashed and set aside and other reliefs have also been claimed.

(2.) THE petitioner, Dr. Purohit, entered the Rajasthan Government service in the year 1951 as Civil Assistant Surgeon Class II. On September 10, 1959 while he was working as Civil Assistant Surgeon he submitted a conditional resignation but the same was not accepted and an order dated May 26, 1960 was passed suspending the petitioner from the services with retrospective effect from August 11, 1959 and a disciplinary inquiry under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short, the CCA Rules) was initiated against the petitioner. As many as 11 charges were framed against the petitioner and under order dated May 7, 1965 the petitioner was served and the petitioner was informed that he has been dismissed vide order dated February 16/17, 1965. When the review petition before the Governor filed by the petitioner was not heard, he filed a civil writ petition (No. 541/1968) in this Court at Jodhpur on July 1, i968. The same was allowed by P.N. Singhal, J. as his Lordship then was under his judgment dated November 5, 1971 and the order dated February 16/17, 1965 was quashed. However, it was left open for the Disciplinary Authority to order fresh inquiry in accordance with law.

(3.) DR . Purohit filed this writ petition challenging the order Ex. 22 as well as the order Ex. 2 dated September 6, 1972 and the show cause notice Ex. 19.