MAN CHAND BHARTIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged the order dated 5.11.1992 (Anx. 10) whereby penalty of withholding of two annual grade increments without cumulative effect has been inflicted with further penalty of recovery and consequential direction that the leave of the absence period will be regularized as per his entitlement for leave. Another direction was also issued that the period of date of removal from service i.e. 19.1.1978 to one day prior to the date of joining i.e. 30.9.1984 shall also be regularized as per the direction of the State Government. On receipt of direction from the State, another order dated 13.11.1983 (Anx. 11) has been passed whereby it had been directed that the regularisation of the period of absence from 19.1.1978 to 3.11.1978 will be made as per the leave account and the period from 4.11.1978 to 30.9.1984 will be treated as 'dies non'. The aforesaid order dated 12.11.1993 is also under challenge,

(2.) Briefly stated the relevant facts of the case are that charge sheet under Rule 17 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (in short 'the CCA Rules') was issued to the petitioner on 10.8.1978 for not joining duty from 19.1.1978 onwards and vide order dated 4.11.1978, the petitioner was removed from service w.e.f. 19.1.1978.

(3.) On filing review petition under Rule 34 of the CCA Rules, the said removal order was quashed and set aside by the Governor on 26.5.1984 and the case was remanded back to the Government on the ground that no enquiry under Rule 16 of the CCA Rules was conducted.