- (1.) This writ petition has been filed by the petitioner against the order dated 18/3/2014 (Ann.14) passed by the Principal Secretary to the Government in Urban Development Department of the State of Rajasthan by which, the order dated 30/9/2013 passed by the Chairman of the Rajasthan Housing Board has been set-aside declaring the same to have been void ab initio and non-est.
(2.) Facts of the case are that petitioner at the relevant time was working as Private Secretary to the Housing Commissioner of the Rajasthan Housing Board. A complaint was made against him by one Ms.Mukta Arora alleging that petitioner showed to her some pornographic pictures on his computer. She objected to this then, petitioner threatened her of dire consequences. She made a complaint to the Secretary Rajasthan Housing Board. The complaint was enquired into by the committee constituted for redressal of grievances on allegation of sexual harassment at the work place as per judgment of the Supreme Court in Vishaka and others V. State of Rajasthan and others, 1997 AIR(SC) 3011The committee found the charges prima-facie proved against him and on that basis, a regular charge-sheet under Rule 11 of the of the Employees Disciplinary Action and Appeal Regulation, 1976 (shall hereinafter be referred as the "Regulations of 1976") was issued to the petitioner. Charges therein were also found proved against petitioner. The Housing Commissioner as disciplinary authority awarded penalty of stoppage of three annual grade increments with cumulative effect to the petitioner and directed that he shall not be in future be given posting of public dealings. Petitioner filed appeal under Regulations 17 and 18 of the Regulations of 1976 against the aforesaid order of penalty before the then Chairman of the Rajasthan Housing Board. The appeal was dismissed on 29/12/2010. It was thereafter that the petitioner filed writ petition before this Court challenging the aforesaid two orders. The same was registered as S.B. Civil Writ Petition No.501/2011. Writ petition however was dismissed vide order dated 25/2/2011. Petitioner also filed Special Appeal against the judgment of the Single Bench but later withdrew the same.
(3.) Petitioner then filed a review petition thereafter before the Chairman of the Rajasthan Housing Board on 29/3/2012 purported to be a petition under Regulation 19 of the Regulations of 1976, seeking review of the order dated 29/12/2010 whereby, the earlier Chairman rejected the appeal. Chairman of the Rajasthan Housing Board by order dated 30/9/2013 allowed the review petition setting aside the order of penalty and exonerated the petitioner of the charge. It was thereafter that the government on reference being made to it, has passed the impugned-order dated 18/3/2014 (Ann.14).;