J S SIDHU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsels.

(2.) The present writ petition has been filed by the petitioner J.S. Sidhu, an Executive Engineer working in Ground Water Department against the order Dated 5.5.1995 imposing punishment of compulsory retirement from service after holding enquiry under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958. The impugned order has been passed by the Dy. Secretary of the State Government under the order of Governor on 5.5.1995.

(3.) This writ petition is second round litigation and the petitioner had approached this Court on an earlier occasions also by way of earlier writ petition No. 1533/1991 which came to be disposed of by this Court on 3.5.1991. The said writ petition was directed against the earlier punishment order dated. 27.11.1990 imposing the same punishment of compulsory retirement from service and payment if proportionate pension. Though the said order dated. 27.11.1990 was challenged on various grounds as observed by the Learned Single Judge in para 4 of the order that "though several questions were agitated by the learned counsel for the petitioner, but the present writ petition can be disposed of only on the point i.e. what will be the effect of non-supply of copy of report of enquiry officer to the delinquent before the decision was taken by the Disciplinary Authority imposing punishment of compulsory retirement when the Disciplinary Authority and the Enquiry Officer are two different persons and therefore I do not thing it necessary to consider other points raised by the, learned counsel for the petitioner." The learned Single Judge then proceeded to allow the writ petition quashing impugned punishment order dated. 27.11.1990 and directed the respondents to respondents supply copy of enquiry report to the petitioner in following terms :-