SARE MAL Vs. STATE
LAWS(RAJ)-1980-12-14
HIGH COURT OF RAJASTHAN
Decided on December 09,1980

Sare Mal Appellant
VERSUS
STATE Respondents

JUDGEMENT

M.C.JAIN, J. - (1.) THE petitioner has challenged the order of reversion (Exhibit 8) dated December 23,1978 passed by the Collector (Land Records) Sirohi, the order dated June 4, 1974 (Exhibit 9) passed by the Board of Revenue in appeal against the order of the Disciplinary Authority and the order of the State Government (Exhibit 10), dated October 19, 1973 passed on review application of the petitioner.
(2.) THE petitioner was appointed as Inspector (Land records) by the order of the Commissioner, Jodhpur No. 8712 dated April 5, 1961, after selection by the Rajasthan Public Service Commission and after unnergoing Kanugo Training. The petitioner was thereafter confirmed on the post of Land Records Inspector by the order of the Collector, Jalore, No. L.R. 1718 dated April 28, 1964. The petitioner was then transferred to the office of Assistant Registrar Cooperative Societies, Sirohi, by the order of the Collector, Sirohi, dated April 22, 1965. When the petitioner was working as a Sales Officer in the Cooperative Societies, Sirohi, he was served with a memorandum under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, (hereinafter, referred to as the Rules wherein it was proposed to hold an inquiry against the petitioner. The petitioner was served with a charge -sheet and statement of allegations by the Collector, Sirohi. He submitted his written statement of the defence to the charge -sheet, wherein he denied the charges. The Collector, Sirohi, first appointed the Treasury Officer as an Inquiry Officer, thereafter, the Tehsildar, Sirohi was appointed as an Inquiry Officer. The petitioner averred that he cited 9 defence witnesses in his written statement of defence and had also prayed that seven documents mentioned in Para No. 4 (A to N) of his written statement may be called and kept on the record of the departmental inquiry, but neither the record was called nor the petitioner was examined along -with defence witnesses Pyare Lal, Virendra Kumar, Chella, Natha, Kana, Gajaram nor was heard in person. The Inquiry Officer after holding the inquiry came to the conclusion that charge No. 1 read with charge No. 4 and charge No. 2 read with charge No. 5 are partly proved and charges Nos. 3,6 and 7 are not proved. After the findings of the Inquiry Officer dated February 29,1970, the Collector Sirohi, issued a show cause notice as to why the petitioner be not dismissed from service. The petitioner submitted his reply to the show cause notice. The Collector, Sirohi, by his order dated December 23,1970, reverted the petitioner from the post of Girdwar Kanugo to the post of Patwari. The petitioner preferred an appeal against the order of the Disciplinary Authority, but the same was rejected by the Board of Revenue vide Exhibit 9 dated June 4, 1971. Thereupon, the petitioner preferred an appeal/review application before the Government but the Government dismissed the same. Thereafter, the Collector (Land Records) Sirohi, issued the order of reversion Exhibit 11. The petitioner has challenged the orders passed by the authorities, in the disciplinary proceedings against the petitioner on several grounds.
(3.) ON behalf of the State of Rajasthan no counter to the writ petition has been filed.;


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