MANOHAR LAL Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) No one appeared despite the matter called twice.

(2.) The writ petition is pending since 1991. It was dismissed by a coordinate bench vide order dtd. 13/12/2005. However, the Division Bench has remand the matter back vide order dtd. 17/1/2018 on the ground that the contentions were not dealt with earlier.

(3.) From the perusal of the writ petition, it is noticed that while the petitioner was holding the post of Patwari, he was serviced with the charge sheet on 8/6/1984 under Rule 16 of the rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, wherein allegations were levelled against him of helping Bishan Lai Sunariaiya in receiving bribe from villagers money from 4 villagers. The bribe was claimed to have been received by Shri Bishan Lai Sunariaya for a sum of Rs.12,600.00 and on the agitation of the villagers, the amount was returned back by Shri Sunariaya and thus it was alleged that the petitioner was in collusion with him to receive the amount of bribe for the purpose of allotment. The joint enquiry was conducted against the petitioner and Shri Bishan lal Sunariya and one Trilok Chand Jain, the then Niab Tehsildar. While Trilok Chan Jain was exonerated of the charges, the charges against the petitioner as well as Shri Bishan lal Sunariya were found proved. The Chairman of Board of Revenue vide its order dtd. 5/4/1989 held them guilty. Both the Tehsildar and the petitioner were dismissed from service vide order dtd. 5/4/1989.