RAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL the three writ petitions involved the same question of law as to the applicability of Rule 170 of the Rajasthan Service Rules, 1951 and, therefore, they are being decided together Civil Writ Petition No. 5793/83 and Civil Writ Petition No. 768/93 also involve the same facts, similar charges and arise out of the similar cause of action.

(2.) ALL the three writ petitioners had been superannuated after attaining the age of 58 from their respective posts being held by them. Immediately after retirement on certain charges the petitioners were charged to face as enquiry. Charges related to certain misconducts as mentioned in the chargesheets. After the enquiry having been held, the writ petitioner Ram Singh and Deo Krishan Bohra were punished with punishment of withholding 1/5 of their pension for the period of 5 years. Similarly, the petitioner Ram Jeevan Dubey was also involved whereby, his pension, gratuity and capitation pension was involved.

(3.) THE main point involved in the present writ petition is that whether after superannuation but, within the statutory period when the chargesheet had been issued, whether the Govt. was justified and legally competent to issue the chargesheet and, therefore, it is not necessary in the present case to narrate the facts as to when the petitioners had superannuated or as to what are the charges levelled against the petitioners. However, it is admitted fact from record that all the petitioners were issued chargesheets within four years from the date when the offence is said to have been committed from the date of issuance of the chargesheet.