JEEVAN RAM JEENGAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition, petitioner has challenged the order dated 9. 11. 2004 (Annexure-6) whereby petitioner was published with the punishment of withholding of 20% pension for a period of five years. A further challenge has been made to the order dated 26. 2. 2003 (Annexure 4) whereby the disciplinary authority disagreed with the enquiry report.

(2.) THE petitioner- Jeevan Ram Jeenagar died during the pendency of this writ petition and his legal heirs have already been taken on record, therefore, original petitioner-Jeevan Ram Jeenagar would hereinafter be referred to as `the petitioner. '

(3.) THE enquiry officer in the enquiry did not fine charges to be proved, however, looking to the material available on record, disciplinary authority gave a notice to petitioner regarding disagreement and thereupon after discussing the material available on record, a detailed order was passed holding the charges to be proved. It is contended that the charges against petitioner are quite serious in nature, inasmuch as, a lady teacher working in the school was not only called in the hotel room by the petitioner and was then alleged to have been committee rape. Thus, punishment of stoppage of 20% pension is nothing but a lenient view taken by the respondents.