SATYA PRAKASH GAUTAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the charge-sheet dated 31.01.2017 (Annex.-8) and subsequent proceedings pursuant to the charge-sheet. Further relief has been claimed for releasing the entire retiral benefits of the petitioner alongwith interest @ 18% per annum till the date of actual payment. It is, inter alia, averred in the writ petition that the petitioner was appointed as Junior Engineer on 07.10.1978 in the respondent-Department, he was promoted as Assistant Engineer on 26.08.2013. It is claimed that during the entire service career, the petitioner never suffered any punishment.

(2.) On 07.05.2016, it claimed that the petitioner received a call from the then Executive Engineer for lodging an FIR against one agriculturist and also to inspect the site as the petitioner was holding additional charge of the place in question. It is claimed that the charge with the petitioner was only to the extent of disbursing of the salary and not for any other purpose, which was informed by the petitioner to the then Executive Engineer and, therefore, a show cause notice was issued to the petitioner on 08.05.2016. Subsequently, the petitioner was made Awaiting Posting Order (APO) and was asked to report for his duty at Jaipur, for which, he was relieved on 01.08.2016.

(3.) On 17.08.2016, the petitioner moved an application for changing his headquarter as he was due to retire within a period of five months and was suffering from various ailments. For the said purpose, when the requisite file was sent to the office of Minister concerned, he directed that first charge-sheet be issued to the petitioner. On 001.2017, a show cause notice was issued to the petitioner, wherein it was indicated that the Minister concerned was to visit the site when the petitioner was not present and, therefore, he was asked to show cause as to why appropriate proceedings may not be taken against him.