P.K.LOHRA, J. - (1.) THE petitioner has laid the instant writ petition for quashment of order dated 30th of April 1996 passed by second respondent cancelling his appointment on the post of Patrolling Officer Grade -II.
(2.) THE facts apposite for the purpose of this writ petition are that in the year 1994 certain vacancies were available in the Excise Department (Preventive Branch) including the temporary vacancy of Patrolling Officer and the petitioner being eligible submitted his application form. After receiving the application form, the petitioner was called for interview and on being declared successful vide order dated 13th of December 1995, he was offered appointment on purely temporary basis subject to the condition about verification of his character and antecedents and educational qualifications. In the order, it was also stipulated that in the event of non -availability of requisite testimonials showing his educational qualifications and the character certificate, the appointment is liable to be cancelled without any notice. Pursuant to the order, the petitioner joined his duties and submitted his requisite testimonials and the character certificate in the office of respondent. Boosting his excellence in various branches of physical education, the petitioner has pleaded in the writ petition that he was awarded All India Gold Medal in Karate thrice and Black -belt SHO­DAAN Award was also conferred on him. Besides winning many awards and medals in Karate, the petitioner has also earned various awards and certificates in NCC and Air Wing. After appointment, as per the version of the petitioner, he was imparted two weeks' training and on successful completion of the training he was entrusted the duties of Patrolling Officer in the month of January 1996. While serving the respondents, the impugned order came into offing whereby the appointment of the petitioner was cancelled. The respondents in the order impugned have assigned two reasons for cancellation of his appointment viz., that the petitioner has obtained character certificate from Police Station Amba Mata, Udaipur by furnishing his wrong residential address to the police, and pendency of five criminal cases under various Sections of Indian Penal Code including punishment of reprimand in Case No.121 of 1990. By citing these twin reasons in the impugned order, it was clarified that he has concealed material facts and divulged false information entailing cancellation of his appointment order. The petitioner has very specifically pleaded in his writ petition that all those cases were registered against him during his student life in his prime youth and none of these offences involved moral turpitude. Assailing the action of the respondents, the petitioner has also averred in the writ petition that the residential address, on the strength of which he has obtained character certificate, was rightly furnished by him inasmuch as he was living at that address with his grandmother at the relevant point of time.
(3.) QUESTIONING the impugned order, the petitioner has submitted in the writ petition that the order of cancellation of his appointment virtually amounts to termination/dismissal and before passing the said order no enquiry under the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 was conducted. The petitioner has also taken shelter of the principles of natural justice for impeaching the impugned order besides some other grounds.;