- (1.) Dr. B.K. Choudhary who is holding the post of Junior Specialist in the Medical and Health Department of the Government of Rajasthan, has filed this writ petition with a prayer for quashing of the charge-sheet dated 12.10.88 and for grant of consequential benefits in the matter of promotion to the post of Senior Specialist.
(2.) In brief, the case of the petitioner is that he joined Government service as Civil Assistant Surgeon on 11.5.77. He was selected for the post of Junior Specialist in the year 1985 and presently he is holding that post. He is eligible for promotion to the post of Senior Specialist (Surgery). He has been denied promotion to the post of Senior Specialist on account of pendency of departmental enquiry against him.
(3.) The petitioner has stated that while he was working as Civil Assistant Surgeon and Tutor in Forensic medicines, he had conducted a post-mortem of Mrs. Radha on 1.3.79 at S.P. Medical College, Bikaner. The petitioner was falsely implicated in a criminal case under sections 218 and 302 I.P.C. The case was tried by the learned Sessions Judge, Bikaner, alongwith the main case of State v. Surajmal. By his judgment dated 2.8.83, learned Sessions Judge found Surajmal guilty of culpable homicide and sentenced him to life imprisonment. The learned Sessions Judge found that Smt. Radha had died due to drowning and Surajmal was guilty of murdering Smt. Radha by drowning. Learned Sessions Judge found that no case was established against the petitioncr and apparently, the case had been made out on the basis of suspicion. The Court further held that the allegations of having given false evidence has not been established against the petitioner.;