BABULAL VERMA Vs. THE STATE OF RAJASTHAN & ORS.
LAWS(RAJ)-2010-8-230
HIGH COURT OF RAJASTHAN
Decided on August 25,2010

BABULAL VERMA Appellant
VERSUS
The State of Rajasthan and Ors. Respondents

JUDGEMENT

- (1.) Having heard the learned counsel for the petitioner-appellant and having perused the material placed on record, we are unable to find any reason to show interference in this intra court appeal filed against the order dated 09.07.2010 as passed by the learned Single Judge in CWP No. 5832/2010.
(2.) The appellant is said to have retired from service in the month of February 2003 while holding the post of Nurse Grade-I. The appellant is facing an enquiry under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 ('the Rules of 1958') read with Rule 7 of the Rajasthan Civil Services (Pension) Rules, 1996 ('the Rules of 1996'); and for that matter, he was served with a charge-sheet dated 28.10.2004. The enquiry is said to be pending and three departmental witnesses have been examined therein.
(3.) The appellant filed the writ petition in this matter (CWP No. 5832/2010) while contending that the enquiry was wholly without jurisdiction being hit by the mandate of Rule 7(2)(b) of the Rules of 1996 and while stating the grievance that the enquiry proceedings were going on for about six years and he was unnecessarily deprived of retiral benefits.;


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