- (1.) INSTANT special appeal has been filed by the appellant assailing order of learned single Judge dt. 11.4.2002 upholding disciplinary enquiry initiated after his retirement on 31.12.1996 vide memorandum dt. 29.10.1998 U/r 16 of CCA Rules, ("Rules,1958") read with R.7 of Raj. Civil Service Pension Rules, 1996 (Rules 1996). However, after the charges were found proved by the enquiry officer as is evident from enquiry report dt. 2.7.2001, penalty was inflicted upon him by the competent authority of stoppage of 50% pension & 50% gratuity vide order dt. 23.5.2002.
(2.) IN order to appreciate the grievance of the appellant it will be necessary to glance through a few relevant background facts. That the appellant while holding the post of Chief Medical Health Officer, Beawar stood retired from service on attaining age of superannuation w.e.f. 31.12.1996 and after retirement he was served with memorandum along with charges & statement of allegations U/r 16 of Rules, 1958 r/w R.7 of Rajasthan Civil Services Pension Rules, 1996 ("Rules,1996") dt. 29.10.1988 and the allegation against him was that while he was working as CMHO, Beawar during 1996-97 admissions were made of ANM trainees in contravention of state policy and despite the availability of candidates against the seats reserved for SC/ST, admissions were made of ineligible candidates from OBC category and it was the gross misconduct committed and his action was in contravention of directives of the government.
(3.) AFTER the disciplinary proceedings were initiated against the appellant he approached this Court by filing writ petition no. 43/99 and his grievance was that the disciplinary proceedings after retirement could not have been initiated unless the disciplinary authority arrives to the conclusion that any pecuniary loss has been caused to the government by any action of the delinquent and with the prior sanction of his Excellency the Governor.;