Sangeet Lodha, J. - (1.) THIS writ petition is directed against order dt. 20.10.09 issued by the Executive Engineer, Public Health & Engineering Department, Government of Rajasthan, whereby the petitioner who was employed as Beldar with the respondent, has been removed from service on account of fraud committed by him in procuring the employment. Initially, the petitioner was employed vide order dt. 8.11.85 issued by the Executive Engineer, PHED, Division Deedwana on muster roll for wages Rs. 11 per day. Later, vide order dt. 4.5.92, he was accorded semi permanent status as Helper under the provision of Rajasthan P.W.D. B & R including Garden, Irrigation, Water Works and Ayurvedic Departments Work Charge Employees Service, Rules, 1964.
(2.) WHILE continuing in service as aforesaid, vide order dt. 28.9.95, the penalty of withholding two grade increments was imposed inter alia upon the petitioner for producing forged certificate regarding the academic qualification i.e. Class VIII. That apart, the petitioner and his likes were treated to be employed as Beldar instead of Helper. Thereafter, on completion of ten years of service, the petitioner was accorded permanent status vide order dt. 12.8.98 Issued by the Superintending Engineer, Circle Nagaur. The petitioner was served with a charge sheet vide memorandum dt. 3.9. (Sic Year) under Rule 16 of Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (for short "CCA Rules") accompanied by the statement of allegations. The allegations against the petitioner was that by producing forged transfer certificate, he disclosed his date of birth to be 21.7.66 whereas, his actual date of birth is 13.5.68. The petitioner filed a reply to the charge sheet denying the allegation. That apart, it was contended on behalf of the petitioner that considering the document produced by him to be forged, be having been already punished by way of order dt. 28.9.95 with the penalty of withholding two grade increments with cumulative effect, no fresh proceedings under Rule 16 of CCA Rules could be initiated against him.
(3.) THE grievance of the petitioner in this petition is that vide order impugned dt. 30.10.09 without holding any further enquiry into the charges leveled, he has been removed from service.;