PRAHLAD SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this petition, petitioner is challenging the impugned order Annex. A/7 dated 22. 3. 1993, whereby, petitioner was dismissed from service so also it is prayed that respondents may be directed to decide the appeal Annex. A/8.

(2.) THE petitioner was initially appointed as Cattle Guard/chowkidar in the Forest Department at range Desuri on 16. 6. 1982 and vide Annex. 1 he was declared semi permanent in accordance with Work Charged Rules, 1964 and pay was fixed in pay scale of Rs. 350. 5. 430. THEreafter, on 1. 5. 1991 he was placed under suspension on the ground that he was arrested in connection recovery of 240 bottles of liquor from him by Police Station Rani District Pali and he remained in custody for more than 48 hours. THE suspension order was lateron revoked vide Annex. 3 dated 23. 3. 1992 during pendency of inquiry. Vide order dated 20. 6. 1992 petitioner was transferred from Range Pali to Range Desuri by the Deputy Conservator of Forest, Pali.

(3.) IN this petition reply has been filed by the respondents and it is contended that proper inquiry was conducted by the department and petitioner was provided an opportunity to defend his case but no witness or evidence was produced by the petitioner to prove his innocence, therefore, in inquiry he was found guilty for alleged misconduct and accordingly as per provisions of Rule 15 of the Rules of 1973 petitioner was dismissed from service. Respondents have placed on record so called inquiry report, which is said to be conducted by Assistant Conservator of Forest, Pali as Annex. A/1 dated 1. 3. 1993 and submitted that order impugned has been passed on the basis of said inquiry.