- (1.) AS a result of the departmental enquiry under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, essentially on the allegations of financial irregularities, the services of the petitioner-appellant as the Assistant Salesman with Barmer Sahakari Upbhokta Wholesale Bhandar Limited, Barmer came to be terminated by an order dated 26.02.1998 (Annex.34). The departmental appeal preferred by the appellant was also dismissed by the order dated 18.08.2004 (Annex.45).
(2.) THE petitioner-appellant attempted to question the departmental proceedings and the orders aforesaid before the learned Single Judge of this Court in CWP No.04287/2007. The learned Single Judge, however, declined to interfere in the writ jurisdiction after finding no infirmity in the inquiry proceedings while observing, inter alia, as under:- "In this matter, after conducting full-fledged enquiry under Rule 16 of the Raj. Civil Services (Classification, Control and appeal) Rules, 1958, a penalty was inflicted against the petitioner for alleged misconduct of financial irregularities. The penalty was imposed on 26.2.1998. Thereafter, the petitioner preferred appeal before the appellate authority. The appellate authority after taking into consideration the enquiry report as well as the order of disciplinary authority gave finding that the allegations levelled against the petitioner with regard to financial irregularities stands proved, therefore, appellate authority dismissed the appeal." No such fundamental flaw has been shown in the inquiry proceedings as to warrant interference by the writ Court; and hence, we find nothing of error on the part of the learned Single Judge in dismissing the writ petition by the impugned order dated 27.05.2011. We respectfully concur with the learned Single Judge that the concurrent findings by the departmental authorities call for no interference. Accordingly, this intra court appeal fails and is hereby dismissed.;