- (1.) Defects as pointed out by the office are waived and heard on merits.
(2.) This intra-court appeal has been preferred by the appellant- State of Rajasthan through Secretary, Department of medical & Health Services, Jaipur against the order dated 12.02.2009 passed by learned Single Judge in S.B.Civil Writ Petition No.813/1999 by which the learned Single Judge allowed the writ petition of the respondent and ordered as follows: As a result of the aforesaid discussion, this writ petition is allowed and order impugned Annex-6 dated 09.10.1979 and, so also, appellate authority's order dated 13.08.1998 are hereby quashed and set aside with all consequential benefits. The petitioner has already attained the age of superannuation, therefore, the respondents are directed to pay all the arrears to the petitioner from the date of termination of his service till the date of his retirement and, thereafter, pay entire benefits including pensionary benefits to the petitioner with effect from the date of superannuation within a period of three months failing which the petitioner shall be entitled for interest at the rate of 6 per cent per annum. There shall however be no order as to costs.
(3.) The brief facts arising out of this appeal are that respondent-petitioner Shanti Prasad was initially appointed on the post of Sanitary Inspector in the Medical & Health Department of Government of Rajasthan on 04.11.1957 and in the year 1970 when he was working under the Chief Medical and Health Officer, Pali, he was charge sheeted under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal ) Rules 1958 vide charge sheet dated 02.03.1974 and all six charges were levelled against him and the enquiry report was submitted by the Enquiry Officer to the Disciplinary Authority who passed order on 09.10.1979 whereby penalty of termination of service was imposed against the respondent- petitioner. The respondent-petitioner filed the appeal against the penalty but the appeal of the respondent-petitioner was not decided then the respondent-petitioner filed the S.B.Civil Writ Petition NO. 700/1983 and said petition was decided by the order dated 20.04.1983 and it was ordered to the respondentpetitioner to dispose of the appeal within three months. After dismissal of the appeal by the appellate authority, respondentpetitioner preferred another writ bearing S.B.Civil Writ Petition No. 70/1984 and it was ordered in the above writ to remand the matter back to the Appellate Authority to hear the petition after suppling some documents as prayed in the writ petition. The respondent-petitioner's appeal was again dismissed vide order dated 30.04.1987 and in another writ bearing S.B.Civil Writ Petition NO. 1722/1987 was filed by the respondent-petitioner and that was decided on 06.09.1996 and the order of the Appellate Authority dated 30.04.1987 was set aside. Against that order, the appellant filed Special Appeal and in D.B.Civil Special Appeal No. 631/1996 and six months time was granted to decide the appeal by the Appellate Authority. The appeal filed by the respondent-petitioner was dismissed by Appellate Authority on 13.08.1998 against which the respondentpetitioner filed the S.B.Civil Writ Petition NO. 813/1999 in which impugned order was passed.;