- (1.) In this writ petition, the petitioner has challenged the legality of the charge-sheet dated 19.7.1991, the order dated 7.3.1980 (Annexure 4) issued by the Executive Engineer, Irrigation Division, Sawai Madhopur as well as the order dated 23.12.1991 (Annex. 16) issued by the Executive Engineer, Irrigation Division, Sawai Madhopur. He has prayed that these orders be quashed and the respondents be directed to give him all his pensionary benefits, gratuity, State Insurance amount etc.
(2.) Although, the facts stated in the writ petition are in a confused state, Shri Alok Sharma, learned counsel for the respondents, has very fairly placed this entire record before the Court and from this record it is borne out that the petitioner, who was holding the post of Patwari in the Irrigation Division and who was under suspension with effect from 1.2.1979 attained the age of superannuation with effect from 31.1.1980. Order of his retirement was passed by the Executive Engineer, Irrigation Division, Sawai Madhopur. In the order Annexure/1 issued by the Executive Engineer, it came to be mentioned that the petitioner is being retired with effect from 31.1.1980 and his pension case will be prepared only after finalisation of the case pending against the employee. The petitioner was prosecuted in the Court of Chief Judicial Magistrate, Sawai Madhopur in respect of an offence under Sec. 409, IPC and the said prosecution ended on 17.5.1988 when the Chief Judicial Magistrate passed judgment of his acquittal by giving benefit of doubt to the petitioner. In the meanwhile, order dated 7.3.1980 was issued by the Executive Engineer, Irrigation Division, Sawai Madhopur for termination of his service under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958. This order contains the stipulation that the petitioner is missing from service since 14.2.1979 after committing embezzlement of Rs. 7,322.24. It appears from the order that a notice had been issued by the Executive Engineer, Irrigation Division, Sawai Madhopur and was got published in the Rajasthan Patrika daily. But the petitioner is said to have absented from duty despite the said notice. The order dated 7.3.1980 was cancelled by the same officer who issued another order dated 27.6.1980. Yet another order was issued by the Executive Engineer for cancellation of the order dated 27.6.1980 and the order of retirement of the petitioner was issued on 30.1.1980.
(3.) After about three years and 2 months of his acquittal by the Court of Chief Judicial Magistrate, Sawai Madhopur, the Executive Engineer, Irrigation Division, Sawai Madhopur issued memorandum dated 19.7.1991 for holding an inquiry against the petitioner under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958. The inquiry initiated on the basis of this memorandum has culminated in the order dated 23.12.1991 (Annexure/16), whereby the Executive Engineer has observed that the charge of misappropriation of Rs. 10,486.64 has been proved against the petitioner and the charge of absconding from duty with effect from 14.2.1979 has also been proved against him. He, therefore, directed that in the context of the order dated 7.3.1980 issued under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958, the petitioner should be treated as having been removed from service under Rules 16 of the said Rules.;