NARESH KAMAL SHARMA Vs. STATE OF RAJASTHAN
LAWS(RAJ)-1994-1-33
HIGH COURT OF RAJASTHAN
Decided on January 24,1994

Naresh Kamal Sharma Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

B.R.ARORA, J. - (1.) THE petitioner, by this writ petition, has proved that the charge -sheet Annexure.6, served upon the petitioner on 20 -3 -92, may be quashed and the enquiry initiated against the petitioner, may be dropped.
(2.) THE petitioner is working as Senior Assistant Malaria Officer at Ganganagar. A charge -sheet date 27 -2 -92 (Annexure.6) under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, was served upon the petitioner, by which he was asked to make, a representation within twenty -one Days from the date of the charge -sheet and plead his case. This charge -sheet was served upon the petitioner on 20 -3 -93. The petitioner filed a representation and, also, made a request to the respondents for providing him an opportunity of personal hearing and, also, for the supply of the copies of certain documents including the copy of the preliminary inquiry report. The petition was afforded the opportunity of personal hearing and to inspect the record but the petitioner did not inspect the record and fill in the present writ petition questioning he validity of the charge -sheet. It is contended by the learned Counsel for the petitioner that the charge of misappropriation, leveled against the petitioner, is wholly unfounded and based on misconception. Even the sum of Rs. 310/ - for which the petitioner has been charge -sheeted, has not been paid to him. The charge -sheet has, also, been challenged on the ground that earlier, also, preliminary enquiry was conducted by the Additional Director, Medical and Health Services, and, therefore, the Chief Medical and Health Officer cannot hold the enquiry against the petitioner on the same charges. It is further contended by the learned Counsel for the petitioner that the copy of the enquiry report has not been supplied to the petitioner and, therefore, the enquiry cannot be initiated against the petitioner and the charge -sheet, therefore, deserves to be quashed. Lastly, it is contended by the learned Counsel for the petitioner that the charge -sheet has been served upon the petitioner after lapse of ten years and, therefore, no enquiry can be initiated against the petitioner.
(3.) I have considered the submissions made by the learned Counsel for the petitioner.;


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