STATE OF RAJASTHAN THROUGH ITS SECRETARY, PUBLIC HEALTH & ENGINEERING DEPARTMENT Vs. USHA KIRAN BOHRA W/O LATE GANGADAS BOHRA

JUDGEMENT

(1.) This appeal is preferred to examine correctness of the order dated 24.3.2015 passed by learned Single Bench in S.B. Civil Writ Petition No.3254/2002 accepting the writ petition and setting aside the order passed by the disciplinary authority imposing penalty of dismissal as well as the order passed by the appellate authority affirming the penalty imposed.

(2.) In brief, factual matrix of the case is that while working as Lower Division Clerk with the appellant, a memorandum under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 was served upon the petitioner (respondent herein). The petitioner-respondent denied the charges with a detailed explanation. Being not satisfied with the explanation extended, the disciplinary authority under an order dated 20.2.1993 appointed an Enquiry Officer to enquire into the charges of misconduct. The Enquiry Officer submitted his report to the disciplinary authority and the disciplinary authority by accepting the same imposed a penalty of dismissal upon the petitioner under an order dated 18.8.1998. An appeal giving challenge to the order dated 18.8.1998 came to be dismissed on 22.11.1999 and further the review petition was also dismissed on 22.7.2002. The order passed by the disciplinary authority and the subsequent orders were subject matter of writ petition accepted under the judgment impugned.

(3.) Before the learned Single Bench the submission of the petitioner-respondent was that no adequate evidence was available to substantiate the allegations of misconduct and further that the order passed by the disciplinary authority as well as the appellate authority are non-speaking and unreasoned order.