- (1.) The petitioner was employed in the State of Rajasthan as a Tehsildar and he attained the age of superannuation on 1st May, 1977. The dispute in the case relates to the punishment of withholding l/3rd of the pension, imposed upon him in respect of certain acts done at the time of his posting as Tehsildar at Tehsil Chhabra district Kota from 2nd April, 1975 to 17th January, 1976. A charge sheet was issued to him alongwith the statement of allegations on 29th December, 1976. He submitted a reply and it was decided to hold an enquiry against him. The date, time and place of the enquiry was intimated to him but he could not attend as he was ill. Thereafter he made a representation that the venue be changed from Kota to Jaipur, but no orders were passed on this representation. The enquiry was completed ex-parte and the report of the Enquiry Officer alongwith the show cause notice was sent to the petitioner. The proposed punishment was withholding of l/3rd pension for ten years. He submitted his reply and on 13th December, 1983, the penalty of withholding of l/3rd pension for ten years u/r. 170 of the Rajasthan Service Rules (hereinafter referred to as 'RSR') was imposed. This order has been challenged in this writ petition.
(2.) In the reply filed by the respondents all the facts are admitted except the illness of the petitioner.
(3.) The learned counsel for the petitioner has challenged the legality of the orders of punishment imposed on the petitioner. It has been contended firstly that the request for changing of venue of the enquiry was not considered and no order was passed on this application and this has caused serious prejudice to him as he has been deprived from participating in the departmental enquiry. Secondly, it has been contended that several points were raised in the reply to the show cause notice but all these pleas have not been considered and this amounts to non- application of the mind by the Enquiry Officer.;