ANIL KUMAR GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In nutshell, the facts giving rise to this writ petition are that the petitioner was appointed as Assistant Director (Industry) after having been selected by the Rajasthan Public Service Commission vide order dated 26-11-1982 (Ann. 1) and was promoted as Deputy Director (Industry) vide order dated 8-8-1989 (Ann. 2). A criminal complaint was filed at the behest of Shri Karni Singh Rathore, Project Director, District Rural Development Agency about some misappropriation of Government funds on the allegations inter alia that the petitioner without inspecting concerned Institutions submitted his inspection reports. On the basis of aforesaid criminal complaint, FIR No. 346/89 was registered at Police Station Bani Park (Jaipur) on 812-89 for offences punishable under Sections 420, 467, 468 471 & 120-B, IPC, which was later on transferred to the Anti-corruption Department, Jaipur for additional offences under Sections 477-A, Penal Code and 13 (1) (c) (d) and 13 (2) of the Prevention of Corruption Act.

(2.) Due to pendency of the investigation in aforesaid criminal cases, the petitioner and some other officials were placed under suspension vide order dated 22-5-1990 (Ann. 5). According to the petitioner, one Shri B.K. Meena, IAS, who at that time was Project Director, being co-accused in aforesaid criminal cases was also placed under suspension but later on was reinstated vide order dated 7-10-93 (Ann.6). This order of reinstatement was passed without prejudice to the departmental enquiry and criminal cases pending against him before the Chief Judicial Magistrate, Jaipur City. After reinstatement of Shri B.K. Meena in service, the petitioner along with one Shri Bhanwarlal Verma, RAS and others submitted their joint representation to the respondent. Thereupon Bhanwarlal Verma, RAS, who was also co-accused in aforesaid criminal case and against whom allegations were of grave nature than the petitioner had also been reinstated in service vide order dated 6-11-1993 (Ann. 9) on the same analogy of Shri B. K. Meena. The petitioner further averred that when no action was taken on his representation, he through his Association submitted another representation to the respondent on 23-2-1994 (Ann. 10), followed by yet another representation specifically mentioning therein that similarly placed officials like Shri B. K. Meena, IAS & Shri Bhanwarlal Verma, RAS had been reinstated in services and, so he should also be given similar treatment. There-upon, according to the petitioner, he was asked by the Dy. Secretary to the Chief Minister of the State vide order dated 27-5-94 (Ann. 13) to appear before him on 1-6-96, and thereafter also submitted his representation dated 4-6-94, but all in vain, hence this writ petition.

(3.) It is relevant to mention here that in Oct., 1993, memorandum of charge along with allegations of charges was issued to the petitioner under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958, (for brevity, "CCA Rules").