Anupinder Singh Grewal, J. - (1.) THIS petition is directed against the order dated 06.10.1997 (Annexure -11) passed by the respondent No. 3 -Society, whereby the services of petitioner were terminated.
(2.) THE facts of the case, briefly stated, are that the petitioner was appointed on temporary basis as Lower Division Clerk with the respondent -Society on 05.11.1973 and he was granted permanent status on 05.05.1978 on the post of Lower Division Clerk. The petitioner was posted as Lower Division Clerk -cum -Store Keeper on 02.08.1996. On 16.09.1996, the petitioner applied for Compensatory Casual Leave for 18th & 19th of September, 1996 (Annexure -1) on medical ground. The petitioner then sent a letter to the respondents stating therein that he had been admitted in Government Hospital, Kota on 19.09.1996 and he had been trying to handover the charge of Godown from 17.09.1996 to 19.09.1996. Vide order dated 20.09.1996, the petitioner was suspended on the allegation that he had proceeded on leave without handing over charge which amounted to indiscipline in service. The respondents then broke the lock of the Godown and prepared a memo of stock after verification on 21.09.1996. Subsequently, the petitioner was served with a chargesheet under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 dated 14.11.1996 (Annexure -5) which contained the following charges: - - "(i) having committed indiscipline by not handing over keys and going on medical leave; and (ii) stock was not verified as per the Stock Register as instead of 187 cylinders the quantity of cylinders was nil and instead of 51 defective cylinders, there were 238 defective cylinders found and there was a shortage of 173 cylinder caps." The petitioner filed his medical certificate and prescription on 27.09.1996 (Annexures -6 & 7). The petitioner also filed reply to chargesheet on 04.05.1997. He is also stated to have sent a receipt dated 18.09.1996 (Annexure -8) for Rs. 300/ - wherein the amount towards price of 150 cylinder caps had been deposited by him.
(3.) THE Enquiry Officer submitted his report on 02.06.1997 which exonerated the petitioner from the charge No. 1 but the charge No. 2 was found proved. The petitioner filed a representation against the enquiry report to the disciplinary authority on 15.06.1997. The disciplinary authority vide impugned order dated 06.10.1997 dismissed the petitioner from service and disentitled him from any monetary benefit as loss had been caused to the Society.;