GURDEEP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has filed this writ petition challenging the punishment order dated 19.08.2011 passed in the name of the Governor of Rajasthan, whereby penalty of withholding of 50% of the pension for 10 years has been imposed under Rule 7 of the Rajasthan Civil Services (Pension) Rules, 1996.

(2.) Brief facts giving rise to the present writ petition are that the petitioner was posted as Junior Engineer in Indira Gandhi Nahar Pariyojana (IGNP), 28th Division Phalodi and was repatriated to Irrigation Department (Parent department) and relieved on 28.04.1986 for Jaipur. After transfer of the petitioner, some shortage was reported in the material of Bhatta Burji 1236 (Pungal), where petitioner was posted from June, 1984 to February, 1986 and after preliminary enquiry being conducted by the Officers of the Department (Additonal Chief Engineer, INGP, Bikaner), an FIR No.53/1994 came to be registered against the petitioner at Police Station Nachna for offence under Sections 409, 379 & 380 of IPC. The police conducted investigation and filed a charge-sheet against the petitioner under Section 409 of IPC (Criminal Breach of Trust by Public Servant) and a criminal case was tried by ACJM, Pokran.

(3.) The petitioner was in receipt of a charge-sheet dated 01.02.1997 wherein it was alleged that petitioner was posted as Junior Engineer at Sub-Division-III (Pungal Branch, Division-II) in 20th Division from 1984 to 1986, during period from June, 1984 to February, 1986, there were material, tools and machines (stocks) in his custody and these were misappropriated, causing loss of Rs.12,39,704/- to the State Government.