- (1.) The petitioner joined service as Vaidh in Ayurved Department of the Government of Rajasthan on 14.9.1964. He was promoted as Senior Physician in the year 1975 and then as District Ayurved Officer in the 1980. He was further promoted as Deputy Director, Ayurved and presently he is holding the post of Deputy Director, Ayurved. Petitioner claimed that he is eligible to be considered for promotion on the post of Director but on account of disciplinary enquiry which has been initiated against him by memorandum No. P-l/210/Karmik/Ka-3(92) dated 6.4.1993 issued by the Department of Personnel, Government of Rajasthan, and which is under challenge in this writ petition, his promotion is being adversely affected.
(2.) In the year 1987-88, petitioner was posted as District Ayurved Officer, Dungarpur. During his tenure as District Ayurved Officer, Dungarpur, four candidates, namely, Surendra Singh, Pooranmal, Arjunlal and Jayesh Kumar were appointed as Class IV employee against the quota of Physically Handicapped. Order dated 28.3.1988 by which the petitioner had appointed these four persons as class IV persons against the quota of physically handicapped persons, is the root cause of the charges levelled against the petitioner by memorandum dated 6.4.1993.
(3.) Petitioner has stated that as early as on 30th July, 1987 and 26.10.1987, Government had issued instructions to all the appointing authorities in the State of Rajasthan to make recruitment against the quota of physically handicapped persons in accordance with the provisions of Rajasthan (Employment of Physically Handicapped) Rules, 1976. Such appointments were to be made for sub-ordinate, ministerial and class IV service posts by 31st March, 1988. By circular dated 11.12.1987, the Government issued a further mandate to the competent authorities to positively fill the 3 percent quota of Physically Handicapped persons on or before 31st March, 1988. At the same time, the Government had waived the requirement of non-availability certificates for filling the quota of Physically Handicapped persons. Circular No. F 13(15)/Admn./Sa.Pra./III dated 27.7.1987 was issued by the Special Secretary, General Administration Department, conveying relaxation in the requirement of Non-availability Certificates upto 31.3.1988. This was done in continuance of earlier circulars dated 11.2.1987 and 17.4.1987 on the same subject. A separate circular No. F 9(4) Sh.Niyo./86/dated 17.4.1987 was also issued by the Government granting exemption from requirement of calling names from the Employment Exchange for the purpose of recruitment of Physically Handicapped persons. In accordance with these directions, the District Ayurved Officers of various districts including Udaipur, Chittorgarh and Dungarpur had made appointments of Physically Handicapped persons against the posts of Class IV servant. In regard to his own district, namely, the district of Dungarpur, applications were received from various Physically Handicapped persons and a Committee consisting of Shri Ram Niwas Sharma (respondent No. 4) who was at the relevant time Deputy Ayurved Officer, and the petitioner, considered the applications and while taking note of the Government directives to fill in the quota of Physically Handicapped persons (3 percent) decided to make appointment against the four vacant posts of Physically Handicapped persons in the cadre of Class IV employees. According to the petitioner, the Regional Deputy Director, Ayurved Department, Rajasthan, Udaipur, Shri Ram Niwas Joshi had given him positive instructions to issue order of appointment immediately. Acting on the directions given by the Regional Deputy Director, the petitioner issued the order dated 28.3.1988 for appointment of four persons Physically Handicapped.;