ACHAL SINGH Vs. STATE OF RAJASTHAN THROUGH SECRETARY

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been preferred with the following prayers:

(2.) The petitioner joined the services as Class IV employee in pursuance of the order dated 29.10.1978 issued by the Executive Engineer, PHED Circle, Jodhpur. Thereafter, the petitioner was appointed as Helper (Regular) under City Water Distribution Scheme, Jodhpur vide order dated 24.09.1979. The services of the petitioner were terminated vide order dated 04.05.2000 issued by the Executive Engineer, PHED, Jodhpur invoking Rule 86(3) of the Rajasthan Service Rules, 1951. The reason assigned for such termination was willful long absence of the petitioner from duty.

(3.) At the outset, learned counsel for the petitioner states that Rule 86(3) of the Rules of 1951 is not applicable, as the respondents had failed to initiate the departmental proceedings under the Rajasthan Civil Services (Classification, Control & Appeal) Rules against the petitioner, and unless that was done, removal from service on account of willful absence, was not possible.