VERMA, J. - (1.) THE petitioner Radhey Shyam, now dead, was employee of the UIT, Ajmer, having been appointed as Munshi in the year 1968. He was promoted as LDC in the year 1979.
(2.) THE petitioner was charge-sheeted on 25. 1. 1986 on the allegation that he had remained wilfully absent from duty from 19. 12. 1985 to 31. 12. 1985 and that he was on regular habit of delayed visiting to the office and he was negligent in his duties. Ultimately one Mahesh Chand Sharma was appointed as Enquiry Officer on 8. 8. 1986. THE Enquiry Officer had given a finding against the delinquent official; a tentative decision of imposing penalty of removal was taken against the petitioner. While imposing the punishment, the Secretary, UIT had taken into account that he had come to the office late on 1. 7. 1986, 21. 7. 1986, 22. 7. 1986 and again four days in the month of August 1986 and then about a few days in the months of December 1986 but after attending the office for sometime, he had left the office. He was ordered to be removed from service on 18. 3. 1987 vide order dated 18. 3. 1987, copy of which is attached as Annexure-2 to the writ petition. Appeal filed against such order was rejected by one line order Annexure-3. THE petitioner filed the present writ petition. Challenge was made to the order of removal and the appellate order on the ground that he was not wilfully absent but rather he had applied for leave and he had proceeded after applying for leave. Other allegations were also denied stating, therein, that the petitioner was never kept himself idle but doing the work with best of his efficiency. He had also challenged the exparte enquiry but in any case for the absence of about 12 days, the extreme penalty of removal ought out have been given when he had already put in all about 20 years of service. The Enquiry Officer had found that in the month of September and October 1985 for certain dates of September and October 1985 for certain dates the petitioner had attended the office late whereas from 19. 12. 1985 to 31. 12. 1985 he was absent without sanction of leave. The Enquiry Officer had found all the charges to be proved. It is the case of the respondent that the action was taken in accordance with the rules and all the formalities required under the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 were complied with. The allegations were given on 15. 1. 1986. Record was called. From the record it seems that the petitioner was suspended on 1. 1. 1986 for being absent from 19. 12. 1985. He was charge- sheeted vide order dated 25. 1. 1986 with the statement of allegations that the petitioner was issued letter of explanation for his absence on certain days from September 1985 to December 1985 and that though he was suspended on 1. 1. 1986, but he was absent for 15 days after the date of suspension that he had been leaving for Jaipur without permission i. e. leaving Head-quarter and that he was a habitual late comer. The petitioner had stated that last time he had gone to Jaipur was about 8 months that also for attending the secretariat under the orders of the officers. For the reason that no house was made available to him, he was daily commuter and had prayed that his suspension order be withdrawn. Vide order dated 25. 6. 1986 he was reinstated pending enquiry. He was not being paid the salary for which he had been pressing hard during the period of suspension of enquiry. For the reasons that the petitioner had challenged the enquiries itself, the original record of enquiry proceedings had been produced for perusal.
(3.) THE Enquiry Officer was appointed vide order dated 25. 6. 1986 when one Shri Niranjan Kumar was appointed as Enquiry Officer vide letter Memo No. 86/224 dated 25. 6. 1986. No enquiry proceedings were taken till 8. 8. 1986 when Enquiry Officer was changed and instead the Mahesh Chand Sharma was appointed as Enquiry Officer vide letter dated 8. 8. 1986. Vide letter dt. 11. 8. 86 at page 61 of the file, the Enquiry Officer had fixed 21. 8. 86 as the date of enquiry. There are no proceedings of enquiry for 21. 8. 86 on the file. On 22. 8. 1986 at page 62, there is a note of the Enquiry Officer to produce the establishment clerk. ;