KISHAN SUNDER SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY Memorandum dated 24. 1. 1997, disciplinary proceedings were initiated as per provisions of Rule 16 read with Rule 18 of the Rajasthan Civil Services (Classification, Control and Appeal)Rules, 1958 against the petitioner (Storekeeper) and three other Government servants namely R. L. Boliya Executive engineer, Pramod Kumar Sharma Lower Division Clerk and Anil kumar Shah Lower Division Clerk. The Additional commissioner (I), Departmental Enquiries was appointed as the enquiry Officer and he submitted his report on 29. 2. 2006. The allegations No. 2, 3, 4 and 6 were found established against the petitioner whereas the allegations No. 1, 2 and 3 were found established against Pramod Kumar Sharma and Anil Kumar shah. The Enquiry Officer also found all the allegations established against the Executive Engineer R. L. Boliya. The petitioner during the pendency of the disciplinary proceedings attained the age of superannuation and as such retired from service.

(2.) BY an order dated 1. 6. 2001, His Excellency, the Governor while exercising the power under Rule 7 of the Rajasthan Civil services (Pension) Rules, 1996 imposed penalty for withholding of complete pension forever upon the petitioner. The petitioner being aggrieved by the order dated 1. 6. 2001 preferred the instant petition for writ before this Court.

(3.) BY an order dated 18. 8. 2000, the Governor on being satisfied that no allegation stands established against R. L. Boliya, Pramod Kumar Sharma and Anil Kumar Shah, cancelled the entire disciplinary action against them. No order in regard to the petitioner was passed as he did not submit any representation to the Governor. A copy of the order dated 18. 5. 2000 referred above is placed on record today by the learned counsel for the respondents.