DHARMENDRA KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Under challenge is the order dated 28-12-2017, whereby the petitioner's appointment as Physical Teacher Grade-III (hereafter 'PTI') in District Dausa on 15-5-1996 pursuant to which he joined on 1-7-1996 was terminated following a departmental enquiry under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereafter 'the CCA Rules 1958'). Also under challenge is the affirming order dated 29-8-2018 in the departmental appeal.

(2.) At the outset it would be well to record that the issue of the petitioner's appointment as PTI Grade-III has reached this court on two earlier occasions--one, where the petitioner's termination on 23-5-2014 from the post of PTI Grade-III was stayed and set aside vide order dated 10-4-2017 in SBCWP No.6409/2014, and second when the termination on 28-12-2017 was effectively stayed and the petitioner allowed to continue in service vide order dated 22-1- 2018 in SBCWP No.1485/2018, albeit he was remitted to the alternative remedy of departmental appeal. That was dismissed on 29-8-2018. This is the third round of litigation by the petitioner challenging the termination order dated 28-12-2017 and the affirming order dated 29-8-2018 passed in appeal and to again redeem his appointment to the post of PTI Grade-III made on 15-5- 1996, on which he still continues albeit with the court's intervention.

(3.) Following an advertisement inviting applications for appointment on the post of PTI Grade-III against the vacancies of 1995-96 in District Dausa, the petitioner having requisite educational and professional qualifications applied. Along with the application he also submitted a certificate dated 23-5-1995 evidencing his being a bonafide resident of village Jageer Tehsil Bandikui District Dausa--a rural area in terms of which he sought an additional 5 bonus marks in the evaluation of his merit. On evaluation of applications for the post in issue, the petitioner given 5 bonus marks--having been treated a bona fide resident of village Jageer Tehsil Bandikui District Dausa--secured 83.47 marks and was placed high at Sr. No.4 in the merit list amongst 82 selected candidates appointed. He was appointed as PTI vide order dated 15- 5-1996, pursuant whereto he joined on 1-7-1996 and was confirmed vide order dated 11-2-2003 with effect from the date of his joining.