BHANWAR LAL VERMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) COUNSEL for the petitioner submits that the inquiry in the matter is going on since 05.10.1993 which is causing great mental agony to the petitioner. He further submits that the petitioner has earlier also filed a writ petition numbered as S.B.Civil Writ Petition No. 7827/2006 and other connected writ petitions titled as Kanta Prasad Sharma Vs. State of Rajasthan & Ors. whereby the Coordinate Bench of this Court has passed the final order on 18.07.2008.

(2.) IN the said order, the Court has also directed to examine the issue of petitioners raised in their representation independently without being influenced by observations made by the Court in the aforesaid order within two months. The judgment dated 18.07.2008 passed in the earlier writ petition of the petitioner and other connected writ petitions is as follows:- But at the same time, this fact cannot be ruled out that in instant petitions, charge sheet was served way back on 05/10/1993 and no progress has taken place so far. 15 years have rolled by now and State Government has examined representation filed by Shri BK Meena and finally dropped disciplinary proceedings qua him vide order dated 27.01.2003 but in case of instant petitioners, State Govt. failed to independently examined whether disciplinary inquiry is at all required to continue against them or not. It has been informed that few of petitioners have retired from service on attaining age of superannuation. It is true that equality cannot be claimed but they are entitled for consideration of their representation before disciplinary proceedings are further being initiated against them. Consequently, these petitions are hereby disposed of with the direction that petitioners may submit their representation afresh within one month before disciplinary/competent authority which shall be independently examined and without being influenced by observation made (supra) the authority may take decision within two months thereafter and communicate the same to petitioners and if the authority comes to the conclusion to continue disciplinary proceedings, which be expeditiously concluded after affording opportunity to delinquents under CCA Rules, 1958 without waiting for result of criminal proceedings. No order as to costs. IN compliance to the aforesaid judgment of this court, the respondents have passed an order dated 12th of January 2009, that on examination of the representation of the petitioner on merit, same found baseless, therefore, inquiry will continue.