STATE OF RAJASTHAN Vs. MANGAL SINGH

JUDGEMENT

(1.) THIS is a special appeal under sec 18 of the Rajasthan High Court Ordinance against the order of the learned Single Judge dated December 6, 1979, whereby the learned Judge allowed the writ petition filed by the respondent Mangal Singh and quashed the order of the Assistant Engineer (Civil) Ground Water Department, Jodhpur, dated August 12, 1974 (Annexure 'h') by which the respondent's services as mason were terminated with effect from September 11, 1974.

(2.) THE respondent was appointed as a mason in the Ground Water Department by the Executive Engineer (Famine), Rajasthan Water Board, Jodhpur by his order dated August 14, 1969 (Annexure 1), where in it was provided that he was being appointed for one month or till the famine operations are over. However, his services were continued till the impugned order of termination was passed. It appears that the respondent had availed of leave even though there was no leave to his credit THE respondent's case is that be had submitted medical certificate and had done all in his power to join the duty but could not do so on account of unavoidable circumstances, and was compelled to remain on leave. Be that as it may, the fact remains that it was observed in the impugned order that since the respondent had remained absent from duty from June 17, 3974 and had not joined at his place of posting, his services were being terminated. THE order of termination was challenged on two grounds: viz. (i) that the Assistant Engineer, who passed the order of termination, was not competent to do so as he was not the ,appointing authority of the petitioner; and (ii) that the procedure prescribed under Rule 23-A (i) of the Rajasthan Service Rules had not been followed. THE learned Judge accepted both the contentions and, as already stated above, allowed the writ petition.