G.S.Singhvi, J. - (1.) Petitioner has challenged the inquiry proceedings being held against him on the basis of charge sheet dated 30th December, 1987 and prayed that the punishment of termination from service be declared as illegal, void and violative of Articles 14 and 16 of the Constitution of India and may be set aside with a further declaration that the petitioner be treated as continuing in service. It has also been prayed that the respondents be strained from terminating the services of the petitioner on the basis of findings of the inquiry officer or on the basis of the decision of the Government.
(2.) Petitioner joined service on being appointed as C.A.S. with effect from April 30, 1981. He was served with a memorandum dated 30th December, 1987 for his alleged absence without getting the leave sanctioned from the competent authority. The petitioner denied the charge levelled against him vide his reply, Annexure-2. By order dated 1.3.1988 of the Government, the petitioner was informed that inquiry will be held against him and Additional Commissioner-II, Departmental Inquiries, Rajasthan, Jaipur was appointed as Enquiry Officer. According to the petitioner, no oral evidence was adduced on behalf of the department. In rebuttal, he examined Dr. D.N. Verma, the then Chief Medical and Health, Officer, Jhalawar and Dr. M.C. Jain and one Shri Prem Prakash Mundra. The departmental representative submitted his comments and the petitioner submitted his explanation. Thereafter, no further date was fixed and the inquiry was concluded. The Enquiry Officer is said to have submitted his report and in that he has held the petitioner guilty of the charges levelled against him.
(3.) Apprehending termination of his service, the petitioner filed a civil suit in the Court of Additional Munsif and Judicial Magistrate No. 2, Jaipur City, Jaipur. He also filed an application under Order 39, Rules 1 and 2 C.P.C. On this application, the learned Munsif and Judicial Magistrate passed an order on January 6, 1990 directing the parties to maintain status-quo. Since the petitioner was still in service, no order of punishment by way of termination of service was passed by the Government. While this stay order was still continuing, the petitioner moved an application on 26th March, 1991 for withdrawal of the suit with liberty to file fresh legal proceedings before a competent court. This application was allowed by the learned Additional Munsif and Judicial Magistrate No. 2, Jaipur on that very day. Thus, the civil suit filed by the petitioner stands withdrawn and now the petitioner has filed the present writ petition, on March 30, 1991. Petitioner has enclosed a copy of the reply filed on behalf of the respondents in the court of Additional Munsif and Judicial Magistrate, Jaipur, in which it has been stated that the Government has taken a decision to terminate the service of the petitioner on the basis of departmental inquiry held against him.;