ABDUL REHMAN Vs. STATE OF RAJASTHAN & ANR

JUDGEMENT

(1.) Under challenge in this petition are (i) the order dated 20-12-1993 by which petitioner was awarded penalty of forfeiture of his past services and reduction to minimum of the pay scale, (ii) the order dated

(2.) Petitioner was initially appointed as Forest Guard in the services of the respondents on 9-12-1977 and was posted as such in the office of Divisional Forest officer vide order dated 28-8-1985. According to the petitioner, he was taken ill for enteric fever and was admitted to M.B.S. hospital Kota. Petitioner sought permission to leave headquarter from 28-8-1985. Since he was confined to bed and advised further treatment, he applied for extension of his leave from 1-9-1985 to 28-10-1985 and thereafter from 1-10-1985 to 15-10-1985 and then from 1-11-1985 to 10-11-1985. During this time, petitioner developed jaundice and remained under continuous treatment. Petitioner kept sending applications for extension of his leave as well as certificates of posting. Meanwhile, petitioner met with an accident and his right foot got fractured disabling him to walk around for some time. He remained admitted as indoor patient in Government Hospital Bundi during whole year of 1986 for his treatment. Total period of his absence was from 27-8-1987. Petitioner asserts that he sent leave applications as also medical certificates for all this period. However, he was shocked when he learnt from the news flashed in the newspaper on 30-10-1986 that respondents have terminated his services w.e.f. 29-10-1986. Petitioner then made an applications to the divisional Forest Officer Kota to supply him copy of the impugned-order as well as the enquiry report conducted behind his back, same however was not supplied to him. Petitioner therefore filed a writ petition being S.B.C.W.P. No. 3137/1987 challenging his termination order. Grounds of challenge were that petitioner was not provided opportunity of hearing and that his explanation for absence was not considered, enquiry was held ex-parte contrary to the principles of natural justice, petitioner was never served with the charge-sheet, any other communication or notice with regard to enquiry proceedings and lastly petitioner was never served with the copy of the enquiry report prior to passing of the order of removal.

(3.) Writ petition filed by the petitioner was allowed by the learned Single Judge of this court on the ground of non-supply of enquiry report. Respondents were directed to serve upon the petitioner copy of the enquiry report. Respondents were directed to serve upon the petitioner copy of the enquiry report and petitioner was then required to make a representation to the disciplinary authority and pass fresh order of penalty, Petitioner rejoined duties on 13-7-1993 and was posted as Forest Guard in the office of Divisional Forest Officer on 10-8-1993. Petitioner thereafter submitted a representation to the disciplinary authority on 15-10-1993 with which he enclosed all the medical certificates for the period of his absence. The Divisional Forest Officer issued show cause notice to the petitioner on 27-11-1993 enclosing therewith the copy of the enquiry report and called the petitioner to show cause as to why penalty of removal may not be awarded to him. Petitioner submitted reply to the above notice on 7-12-1993 requesting that since he has explained period of absence and has produced the documents such as medical certificates etc., his case may be considered sympathetically. The Divisional Forest Officer Kota vide his letter dated 9-12-1993 required the petitioner to appear before him in person on 14-12-1993 for hearing. Divisional Forest Officer, Kota finally passed fresh order of penalty dated 20-12-1993 referred to above, directing forfeiture of his past service for wilful absence from 28-8-1985 to 28-10-1986. It was further directed that he shall be given fresh appointment and that he shall be reduced to the minimum of the pay scale on the post of Forest Guard. Petitioner has therefore prayed that the writ petition be allowed in the above referred to terms.