Gopal Krishan Vyas, J. - (1.) THE instant writ petition has been filed by the petitioner Yadav Chand Trivedi, Lower Divisional Clerk of State Insurance and Provident Fund Department to challenge the order dated 10.5.1997 (Annex.19) whereby he was dismissed from service in an inquiry under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as the Act of 1958 for short) and the order of dismissal of appeal dated 21.5.1996 and order of review petition dated 15.7.1997 whereby the appeal and the review petition filed by the petitioner were dismissed.
(2.) AS per the facts of the case, the petitioner was appointed as LDC in the State Insurance and Provident Fund Department, Dungarpur in the year 1989 and posted in the office of Assistant Director at Dungarpur. A complaint as made by one Mohan Lal Yadav, LDC of the Dy. Education Officer, Simalwada, District Dungarpur against the petitioner in which it was alleged that petitioner and one Ashok Joshi are taking bribe for sanction of loan against State Insurance Police holders. Alongwith the complaint, a letter of Heera Lal and Photostat copy of the demand draft in the sum of Rs. 850/ - was sent to take action. Upon receiving such complaint, the petitioner was placed under suspension vided order dated 21.4.1993. Thereafter, he was charge -sheeted under Rule 16 of the Rules of 1958 vide charge memo dated 22.05.1993 Annex.1 In the charge -sheet in all 3 charges were levelled against the petitioner for taking bribe through bank draft of Rs. 850/ - for sanctioning the loan of State Insurance Policy from the employees. The petitioner filed an application for supplying certain documents upon which charge -sheet was issued. After obtaining document, the petitioner filed its detailed reply to the charge sheet which is placed on record as Annex.6. In the said reply, all the allegations levelled against him were denied and it was specifically pleaded that he is having good relation with Heera Lal and due to need of money, the said Heera Lal took loan of Rs. 1,500/ - on 1.8.1992 and out of Rs. 1,500/ - he sent bank draft of Rs. 850/ - dated 18.10.1992 to return the loan. To substantiate the aforesaid fact, the petitioner submitted the copy of the letter of Heera Lal dated 19.10.1992 and affidavit of Heera Lal alongwith his reply. Upon receiving reply, the Addl. Director, State Insurance Department, Udaipur conducted the inquiry and same was submitted to the Director, State Insurance and Provident Fund Department, Jaipur. The Director being disciplinary authority send show cause notice dated 25.2.1995 alongwith copy of inquiry report and ask the petitioner to file his representation against the finding given in the inquiry report. The petitioner filed its reply to the show cause notice on 21.3.1995 and raised all his objections with regard to inquiry. After receiving reply the disciplinary authority granted opportunity of personal hearing to the petitioner at the time of personal hearing, the petitioner filed his written argument, which is placed on record as Annex.18. The disciplinary authority finally passed an order on 10.5.1995 whereby the petitioner was dismissed from service.
(3.) AGAINST the order of dismissal an appeal under Rule 23 of the Rules of 1958 was filed by the petitioner to the Secretary, Finance Department, Government of Rajasthan on 27.11.1995 but vide communication dated 4.6.1996, the petitioner was informed by the Addl. Director, State Insurance and Provident Fund Department, Jaipur that your appeal has been dismissed by the appellate authority vide order dated 21.5.1996 but the order dated 21.5.1996 passed on the appeal was never communicated to the petitioner.;