KULDEEP SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE prayer in the writ petition is to quash the impugned charge-sheet dated 8. 12. 1995 (Annexure-4) and to declare it illegal, invalid, ultravires and unconstitutional and any adverse action taken or contemplated to be taken on the basis of the impugned charge-sheet be also declared as illegal.

(2.) IT is the submission of the petitioner that as a matter of fact the charge- sheet relating to the incident of 1982- 83 has been issued at the time when he was liable to be considered to be appointed in Indian Administrative Service when some vested interest had played the mischief against the petitioner in such a way as to get the charge-sheet issued to him at the nick of time when the petitioner was at the verge of promotion. Had the charge-sheet not been issued to him, he would have been promoted. His juniors have been appointed in IAS. It is stated that in January, 1995 selections were made for promotion to IAS. Recommendations made by the selection committee were considered and ultimately the petitioner was finally selected on having been so considered by the State Government of Rajasthan and Central Government and the Union Public Service Commission. It is the case of the petitioner that the final selection is made when the integrity certificate is put on the record. In March, 1995 the select list for IAS was prepared wherein the petitioner was included unconditionally at Sr. No. 5. The petitioner submits that on retirement of one Shri R. P Nag, the fifth vacancy had arisen in June, 1995 and his promotion to IAS had matured and in consequence and furtherance to the promo- tion of the petitioner to the cadre of IAS, the recommendations were made by the State Government on 3. 8. 1995 for making promotions from the select list in which select list the petitioner was figuring at the top at the relevant time. However, the petitioner was left out. His juniors were appointed and the petitioner was superseded for the reason that on 8. 12. 1995 the petitioner was issued a charge-sheet in respect of an incident pertaining to the year 1982-83. Promotions of the junior persons to IAS had been made on 13. 12. 1995 i. e. after about 5 days of the issuance of the charge-sheet. The petitioner is already taking up his supersession before the Central Administrative Tribunal where the case against his supersession in IAS cadre is pending.

(3.) IT is the case of the petitioner that as a matter of fact the approval of the sanction was not granted on 22. 11. 1983 as alleged in the charge-sheet but on 13. 9. 1984 and similar charge- sheet was issued to Dr. D. L. Bhakar in November, 1987, but he was exonerated. Reference is being invited to the charge-sheet issued to Dr. Bhakar which is attached as Annexure 24. It is the case of the petitioner that in the similar circumstances not only in Jodhpur but at so many other places the approval of the revised plan had been allowed but it is the petitioner who has been choosen for the said action mainly for the reason that he was to be promoted immediately and the Inquiry Officer had been appointed against the petitioner vide Annexure-26 vide letter dated 29. 6. 1996.