VYAS, J. - (1.) BY the instant petition, the petitioner has prayed that the order dated 13. 3. 90 (Annexure 7), passed by the Rajasthan Civil Services Appellate Tribunal, Rajasthan, Jaipur, as well as the notice dated 9. 4. 85 (Annexure 4), issued by the Collector, Chittorgarh be declared invalid and be quashed, with all consequential benefits.
(2.) THE facts giving rise to the instant petition are that Shri Bal Kishan Garg-petitioner was appointed as Patwari vide order dated 25. 12. 1954. For the first time, vide order dated 10. 10. 75, the petitioner was given compulsory retirement under Rule 244 (2) of the Rajasthan Service Rules, 1951 (for short, `the Rules, 1951' ). THEreafter, the aforesaid order of compulsory retirement was revoked by a subsequent order dated 4. 5. 77 and the petitioner was taken back in service. For the second time, the petitioner was given compulsory retirement vide order dated 7. 4. 81, which was challenged by way of appeal before the Rajasthan Civil Services Appellate Tribunal, Jaipur. The appeal of the petitioner was accepted by the Tribunal vide order 28. 4. 83 and the order of compulsory retirement dated 7. 4. 81 was quashed and set aside. For the third time, the petitioner was given a notice dated 9. 4. 85 (Annexure 4) by the Collector, Chittorgarh, informing him that the compulsory retirement is being given to him on the expiry of three months' period from the date of service of the notice. Against the aforesaid notice, the petitioner preferred an appeal before the Rajasthan Civil Services Appellate Tribunal, Jaipur, which was dismissed by the Tribunal vide order dated 13. 3. 90 (Annexure 7 ). Being aggrieved by the notice dated 9. 4. 85 (Annexure 4) and the order of the Tribunal dated 13. 3. 90 (Annexure 7), the petitioner has preferred the instant petition.
(3.) IT is submitted by the learned counsel for the petitioner that vide order dated 13. 7. 84, the petitioner was placed under suspension under Rule 17 of the Rajasthan Land Revenue (Land Records), Rules, 1957 (hereinafter referred to as `the Rules, 1957' ). Thereafter, vide order dated 23. 5. 84, he was reinstated back in service. However, a memorandum dated 27. 9. 84, issued by the Collector, Chittorgarh, was served upon the petitioner, informing him that the Department has proposed to hold an inquiry against him under Rule 177 of the Rules, 1957 on the basis of the charges set out in the charge-sheet and the statement of allegations. The petitioner sought certain documents from the Department for giving reply to the aforesaid memorandum, charge- sheet and statement of allegations. After receiving the desired documents, he gave reply and denied the allegations. It is further submitted by the learned counsel for the petitioner that vide order dated 17. 1. 85 (Annexure 11), an Inquiry Officer was appointed to enquire into the matter. But, by a subsequent order dated 12. 12. 86 (Annex. 12), the inquiry initiated against the petitioner, was dropped. The petitioner's suspension was also revoked and pay for the period of suspension was ordered to be paid to him. It is also submitted by the learned counsel for the petitioner on account of leaving the Headquarters without permission and not participating in the monthly meeting dated 10. 11. 70, the petitioner was punished by stoppage of one Annual Grade Increment without cumulative effect vide order dated 22. 4. 72. ;