SHANTI PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this writ petition, the petitioner is challenging the order of termination dated 09.10.1979 passed by the Disciplinary Authority and, so also, order dated 13.08.1998 passed by the appellate authority.

(2.) BRIEF facts of the case are that initially the petitioner was appointed as Sanitary Inspector in the Medical and Health Department, Government of Rajasthan. In the year 1970, when the petitioner was working under the C.M.H.O., Pali, he was charge -sheeted under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (in short, to be called the 'CCA Rules' hereinafter) vide charge -sheet dated 02.03.1974. The following charges were levelled against the petitioner: Charge No. I That the said Shri Shanti Prasad Vyas while functioning as Sanitary Inspector at Pali claimed false fare by bus while performed journey by Govt. Vehicle as is indicated in the enclosed statement of allegations. Charge No. II That the said Shri Shanti Prasad Vyas while functioning as Sanitary Inspector at Pali has claimed false T.A. By showing journey to Aburoad out of his Jurisdiction as is indicated in the enclosed statement of allegations. Charge No. III That the said Shri Shanti Prasad Vyas while functioning as Sanitary Inspector at Pali claimed false T.A. By cheating the Govt, as is indicated in the enclosed statement of allegations. Charge No. IV That the said Shri Shanti Prasad Vyas while functioning as Sanitary Inspector at Pali performed journey on 30.07.70 from Pali to Jaipur in the Govt. Vehicle but has decided the Govt, by drawing T.A. by private bus as is indicated in the enclosed statement of allegations. Charge No. V That the said Shri Shanti Prasad Vyas while functioning as Sanitary Inspector at Pali claimed T.A. and D.A. respectedly against standing orders and did not submit tour notes to the ADHE (Health kaner while asked for by him, as indicated in the enclosed statement of allegations. Charge No. VI That the said Shri Shanti Prasad Vyas while functioning as Sanitary Inspector at Pali is guilty of harassing class IV servants and throwing fruits and sweets from shops and collecting money to the D.R.O. Pali as is indicated in the enclosed statement of allegations.

(3.) ON receipt of the inquiry report, the Disciplinary Authority issued notice dated 05.12.1978 to the petitioner to make representation against proposed penalty. The petitioner submitted representation in pursuance of the said notice on 12.12.1978. After lapse of almost ten months, order impugned dated 09.10.1979 was passed by the Disciplinary Authority whereby penalty of termination of services was imposed against the petitioner.