V.K.MATHUR - (1.) THE appellants - State of Rajasthan & others have filed this intra -court appeal against the order dated 05th October 2004 passed by the learned Single Judge in S.B. Civil Writ Petition No.5838/1993, whereby the learned Single Judge has allowed the writ petition filed by the respondent -Mangi Lal, by quashing the impugned order of the Disciplinary Authority (Annx.33 to the writ petition) dated 11th March 1977 and the order of the Appellate Authority dated 21st December 1982 (Annx.41 to the writ petition).
(2.) BRIEFLY stated, facts of the case are that the respondent Mangi Lal was a class -IV employee in Excise Department, working as Class -IV Guard at Bilara at the relevant time. In contemplation of inquiry, he was placed under suspension by the order dated 02nd September 1974. On 14th December 1974, the District Excise Officer, Jodhpur issued a charge -sheet (Annx.1) to the respondent, containing two charges. Charge No.1 was about consuming alcohol and using unparliamentary language at the liquor shops of Ram Chandra at Bilara and Madan Lal at Malkoshni. In Charge No.2, it was alleged that on 30th August 1974, the respondent demanded 25 paise per litre or Rs.1200/ - per month for the then Circle Inspector of Bilara region. During continuation of the aforesaid inquiry, the concerned Circle Inspector Shri Roop Chand Shah was also charge sheeted on 11th July 1975 in respect of aforesaid charge No.2 with other charges. The enquiry was ordered to be conducted jointly against the said Circle Inspector Roop Chand Shah as also the respondent Mangi Lal. However, the enquiry was conducted by the Enquiry Officer appointed by the District Excise Officer, who was not the Disciplinary Authority for the said Shri Roop Chand Shah. On 10th October 1975, joint enquiry report was submitted to the Excise Commissioner, who was the Disciplinary Authority for Roop Chand Shah. Shri Shah raised objection about validity of joint enquiry by the Enquiry Officer appointed in the case of Mangi Lal. On 21st November 1975, the Excise Commissioner accepted his objection and ordered re -investigation by holding a joint enquiry. However, the Excise Commissioner did not notice the fact that Roop Chand Shah had already been dismissed from service by an order dated 11th November 1975, passed in another inquiry and hence, as on 21st November 1975, he was not in the employment of Excise Department.
(3.) NONETHELESS , in pursuance of the order dated 21st November 1975, the Enquiry Officer submitted his enquiry report on 24th July 1976 and on that basis, a show cause notice dated 02nd August 1976, proposing penalty of dismissal was issued to respondent Mangi Lal. In reply to the show cause notice, the respondent Mangi Lal raised several objections. Thereafter, by order dated 11th March 1977 (Annx.33), the respondent was dismissed from the service.;