RATHORE, J. - (1.) AT the relevant point of time the petitioner was posted as Regional Deputy Director (Child Development), Churu.
(2.) VIDE memorandum dated 19. 2. 92 a charge sheet under Rule 16 of the Rajasthan Civil Services (CCA) Rules, 1958 was served upon the petitioner wherein three charges were levelled against him. Alongwith the charge sheet statement of allegations were also served. The charge sheet was with relation to the appointment on the post of Lower Division Clerks on daily wages basis. The post of Lower Division Clerk was sanctioned vide order dated 22. 4. 88. 6 posts were to be filled on daily wages basis in the Churu district. Vide circular dated 25. 10. 87 the Women, Child and Nutrition Department laid down the procedure for filling of the aforesaid posts and it was stipulated in the circular that the LDCs shall be appointed on daily wages basis at the rates laid down by the Labour Department, by the Regional Deputy Director and Child Development Project officer of the concerned region after obtaining a list from the District Employment Exchange office and after holding the interviews. There were vacancies of Class IVth employees also. So far as the IVth class employees are concerned, the same were to be appointed after obtaining list from the District Employment Exchange and after obtaining Non-Availability Certificate from the concerned Collector by the Child Development Project Officer after interview. Pursuant to the circular the Class IV employees were appointed in all the other districts in the State of Rajasthan by the Child Development Project Officers alone. As per the circular the petitioner constituted a committee for selection of the LDCs, Drivers and Class IV employees vide order dated 20. 2. 88. The committee consisted of SDM, Ratangarh as the Chairman and CDPO, Sujangarh as the Member. The names of the suitable candidates were sponsored by the District Employment Exchange Churu. The committee after holding the interview appointed 4th class employees.
(3.) IT is contended on behalf of the petitioner that so far as the appointment on the posts of LDCs are concerned, only 6 persons appeared and there was requirement of 6 persons. All of them were given appointment on daily wages basis. Similarly on 6 posts of Drivers the Committee selected first 6 persons on the basis of interview and gave appointment to them out of the list as per the roster sent by the District Employment Exchange, Churu. No person against ex-serviceman was given appointment because the employment exchange has not sent any name of such ex- serviceman to the interviewing committee. Regarding appointment made by the interview three charges are levelled against the petitioner. First regarding appointment of 6 persons as LDC, second is with regard to the appointment of 6 persons as drivers and third is that 8 persons were given appointment on the post of Class IV employee. For appointment on the aforesaid posts it was alleged that the petitioner has not followed 100 point roster system and specifically he has not given any appointment against the category of ex-servicemen. ;