Hon'ble VYAS, J. - (1.) THIS writ petition was filed by late Bhawani Shankar Gaur, in which, it is prayed that entire record pertaining to the disciplinary proceedings initiated against the petitioner under memorandum dated 26.07.1986 may be called for and the same may be reviewed judicially and charge-sheet itself may be declared unjust and arbitrary and same may be quashed. Further, it is prayed that the order dated 28.08.1989 (Annex.-8) passed by the Disciplinary Authority and order dated 09.03.1999 (Annex.-10) passed by the appellate authority may be declared illegal and same may be quashed and set aside with all consequential benefits.
(2.) AFTER filing this writ petition in the year 1999, petitioner Bhawani Shanker Gaur died on 11.10.2005 at Chittorgarh. AFTER his death, an application was filed by the legal representatives of late Bhawani Shankar for taking them on record to pursue this case. The application filed by the legal representatives was allowed vide order dated 21.02.2006 by the co-ordinate Bench of this Court and legal representatives of deceased Bhawani Shanker Gaur were taken on record and, thereafter, amended cause-title was filed which is on record. According to facts of the case, late Bhawani Shanker entered in the government service as Compounder with effect from 01.09.1969. Late Bhawani Shanker was placed under suspension vide order dated 01.02.1980 under the orders of the Director, Medical & Health Department, Government of Rajasthan, Jaipur in contemplation of disciplinary proceedings against him. For years together, however, after placing late Bhawani Shanker under suspension, no disciplinary proceedings was initiated. Number of representations were filed by him for revoking his suspension order, so also, to revise his subsistence allowance. The Director, Medical & Health Department served a memorandum under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (in short, referred to hereinafter as "the Rules of 1958") along with statement of allegation. In the charge-sheet issued on 26.07.1986, three allegations were levelled against late Bhawani Shanker Gaur. A detailed reply to the charge-sheet was submitted by late Bhawani Shanker, in which, he denied all the allegations levelled against him and furnished explanation in quite unambiguous terms and explained away his position. The Disciplinary Authority by its order dated 01.10.1986 appointed Dr. P.C. Datta as inquiry authority to make probe with regard to allegations levelled against the petitioner. In the inquiry, upon application filed by late Bhawani Shanker, defence nominee was also provided and, thereafter, the inquiry authority conducted the inquiry but in a very vague manner and concluded the same in flagrant manner in 1986. In the inquiry, on 18.06.1987, statements of two departmental witnesses were recorded and, on the same day, statement of Bhawani Shanker was recorded and no further opportunity was given to Bhawani Shanker. Late Bhawani Shanker Gaur received a show-cause notice on 31.05.1989 from respondent No.2 Director, Medical & Health Department, Government of Rajasthan, Jaipur, in which, he was directed to show cause as to why he should not be dismissed from service being found guilty for misconduct by the inquiry authority. The inquiry report and show-cause notice have been placed on record at Annex.-5.
(3.) CASE of the petitioner is that no finding was given by the inquiry authority that the petitioner is guilty for any misconduct and simply made a recommendation for reinstatement of the petitioner in service and gave the finding that petitioner is liable to be punished for the loss caused due to inadvertence on his part and no misconduct has been proved against him. Upon receiving such inquiry report and show-cause notice, explanation was filed by late Bhawani Shanker and it is specifically stated that he is not at all guilty for misconduct, therefore, he may be exonerated from the charges levelled against him. The Disciplinary Authority, without considering the explanation given by late Bhawani Shanker as well as inquiry report imposed the punishment of dismissal from service upon the petitioner vide order dated 28.08.1989. It is pleaded that the Disciplinary Authority did not give any finding for the allegations levelled against the petitioner in the memorandum dated 26.07.1986 and passed unreasoned and non-speaking order. The petitioner being aggrieved by the order dated 28.08.1989 preferred an appeal before respondent No.1 under Rule 23 of the Rules of 1958 and claimed for setting aside the order passed by the Disciplinary Authority on various grounds including the ground that inquiry has not been conducted in accordance with law. So also, the inquiry is in violation of the principle of natural justice because no reasonable opportunity was provided to the petitioner. The appeal filed by the original petitioner was not decided by the appellate authority, therefore, in the compelling circumstances, late Bhawani Shanker preferred writ petition before this Court being S.B. Civil Writ Petition No.2108/1993, in which, show-cause notice was issued and upon service, respondents did not choose to file any reply to the show-cause notice for years together and, ultimately, the said writ petition came up for hearing on 12.01.1999 and, on that date, the co-ordinate Bench of this Court disposed of the writ petition with direction to the appellate authority to dispose of the appeal filed by the petitioner within eight weeks from the date of receiving certified copy of the order. ;