Govind Mathur, J. - (1.) THIS petition for writ was preferred by the original Petitioner Shri Lohara Singh, who has died on 13.3.2004, thus, now is pursued by his legal representatives, who were brought on record on 19.4.2004. For the sake of convenience, the term Petitioner is used in this order for Late Shri Lohara Singh.
(2.) THE Petitioner while in employment of Respondents as Class IV Employees was tried and convicted for an offence punishable under Section 304 IPC (it is not made clear that whether that was for Section 304 Part I or II I.P.C.). On basis of the conviction aforesaid, the District Education Officer, Sriganganagar under an order dated 25.5.1991 terminated the Petitioner from service, however, it is not made clear in the order aforesaid that whether such termination was dismissal or removal from service. Be that as it may, an appeal preferred by the Petitioner to challenge the conviction recorded and sentence awarded came to be accepted by this Court under the judgment dated 18.1.2002 in S.B. Cr. Appeal No. 78/1991 Gola Singh and Ors. v. State of Rajasthan. On setting aside of the conviction recorded and sentence awarded, the Petitioner submitted a representation to recall the order of termination from service being solely based on conviction that lost its cradle in view of the judgment dated 18.1.2002. No action, thereupon was taken by the Respondents, thus, this petition for writ is preferred.
(3.) IT is urged that the Petitioner was terminated from service on exercise of the powers under Rule 19(1) of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short 'the Rules of 1958' hereinafter) by dispensing with the regular enquiry as the Petitioner was convicted by the competent court. However, on setting aside of conviction and the sentence awarded, the order impugned dated 25.5.1991 has lost its creedal and no foundation now survives to maintain the same.;