UMMED CHAND MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition under Article 226 of the Constitution, the petitioner has challenged the legality of the Order Annexute -2 dated 21 -12 -1985 where by he was compulsorily retired from service.

(2.) THE facts of the case briefly stated are: that the petitioner was appointed as Lower Division Clerk in the Directorate of Transport on 22 -7 -1985. He was, how ever, given appointment by promotion to the post of Motor Vehicles Sub -Inspector on the recommendation of the D.P.C. vide Order Annexure -1 dated 15 -11 -1984. Almost 13 months after his promotion, he has been compulsorily retired from Service under Rule 244(2) of the Rajasthan Service Rules, 1951 (for short 'the Rules' here in after).

(3.) A return has been filed on behalf of the respondents. In the return, a preliminary objection has been raised that the petitioner has filed an appeal against the order Annexure -2 dated 21 -12 -1985 and that appeal has been rejected by the appellate committee after considering the entire record of the case but the petitioner has suppressed this fact and therefore he is guilty of suppressing the material fact. According to the respondents, this writ petition was filed on 27 -12 -1985 where as the adequate, afficacious and alernative remedy was availed of by the petitioner even with in the prescribed period of limitation. It was submitted that the petitioner has also suppressed certain other material facts relating to the adverse entries already recorded all in his service record. Actually, the petitioner has been punished five times and a disciplinary proceeding under Rule 17 of the Rules was still pending against him at the time of his compulsory retirement. It was further submitted that the petitioner has not challenged the validity of the order dated 17 -2 -1988 passed by the Appellate Authority and, therefore, this writ petition is not maintainable.