MAM RAJ SHARMA Vs. STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2014-9-221
HIGH COURT OF RAJASTHAN
Decided on September 30,2014

Mam Raj Sharma Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

VEERENDR SINGH SIRADHANA,J. - (1.) The petitioner, in the present writ application is aggrieved the orders dated 28.7.1987 (Annexure-5), order dated 8.1.1990 (Annexure-6) and order passed on his Revision Application dated 14.9.1998 (Annexure-7), upholding the penalty of dismissal from service for proved misconduct committed by the petitioner, and therefore, has approached this Court, praying for the following relief(s). (i) by an appropriate order writ or direction the punishment order dated 28.7.1987, Annexure-5, judgment dated 8.1.1990 Annexure-6 and judgment dated 14.9.1998 Annexure-7 may be quashed and set aside. (ii) by an appropriate writ order or direction the respondents may be directed to reinstate the petitioner in service right from 26.9.1982 with all consequential benefits. (iii) by an appropriate writ order or direction an exemplary cost of Rs. 50,000/- may be imposed on the respondents. (iv) Any other order which may be deemed fit and proper in the facts of the case may be also be passed in favour of the petitioner.
(2.) Briefly, the material skeletal facts necessary for appreciation of controversy raised are: that the petitioner while working as Manager, Co-operative Society in Village-Deva Bamanwas, Panchayat Samiti, Thanagaji, District-Alwar, was placed under suspension on 26th November, 1982 and was served with the charge-memo dated 10.1.1983. The charge-memo was responded by the petitioner on 22.1.1983. A departmental inquiry was initiated under Rule 17 of the "Krishi Rindatri Sahakari Samitiyan Ke Vyavasthapako Ke Seva Niyam, 1977" (hereinafter referred to as 'Rules of 1977', for short). The Enquiry Officer conducted the inquiry against the petitioner in accordance with the procedure prescribed under the Rules of 1977, affording ample opportunity to the petitioner to defend himself.
(3.) The enquiry report was submitted on 7.2.1987. The Enquiry Officer returned a finding of guilt on the charges leveled against the petitioner leading to termination of his services for proved misconduct of financial illegalities and embezzlement as well as for absence from headquarters without information to the competent Authority.;


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