- (1.) Instant intra court appeal is directed against order of the Ld. Single Judge dt.29.1.2014 directing the appellant to grant compassionate allowance not exceeding 2/3 of the pension in terms of Rule 172 of the Rajasthan Service Rules (RSR) and same shall be paid from the date of removal from service i.e. 11.3.1993 and shall be paid within three months.
(2.) Brief facts of the case culled out are that the respondent initially joined service in the cadre of Class-IV on 2.11.1974 and thereafter he started working as Lower Division Clerk from 28.9.1976 in the Court of Munsif & Judicial Magistrate, Bhawanimandi, Jhalawar. While working as LDC & looking after the work of criminal section in the absence of Shri Ram Gopal Gupta who at that time was on leave, he received an envelope containing copy of dying declaration of one Kalu Singh but it was misplaced by him. Explanation was called for by the Munsif & Judicial Magistrate vide letter dt.30.4.1987. In response thereto, his defence was that he handed over the complete papers to Shri Ram Gopal Gupta on his return from casual leave but his explanation was not accepted and served with charge sheet u/R.16 of Rajasthan Civil Services (CCA) Rules, 1958 (Rules 1958) dt.13.10.1987. The disciplinary enquiry was held and on conclusion he was found guilty & punished with penalty of removal from service vide order dt.11.3.1993, however, penalty of removal from service was not a disqualification for future employment. Departmental appeal preferred by the respondent also came to be dismissed by a detailed order dt.2.1.1996 upholding the finding of guilt, copy of which is on record as Ann.R/2/1. Order of penalty of removal from service dt.11.3.1993 came to be challenged by filing of a writ petition and finally upheld by the Apex Court on rejection of SLP vide order dt.6.2.1997.
(3.) After penalty of removal from service attained finality, the respondent made a request for grant of compassionate allowance u/R.172 of RSR r/w R.43 of the Rajasthan Civil Services (Pension) Rules, 1996 (Rules 1996). His case was forwarded to the State Govt. by the Establishment of the Rajasthan High Court and the Govt. conveyed to the Registrar General of Rajasthan High Court vide letter dt.20.11.1996 that the District & Sessions Judge himself is competent to pass appropriate orders for grant of compassionate allowance and accordingly the Registrar General of the Rajasthan High Court wrote to the District & Sessions Judge, Jhalawar to do the needful vide letter dt.20.2.1996 and in compliance thereof, the District & Sessions Judge, Jhalawar examined the grievance of the respondent and did not find favour and rejected his request vide order dt.20.4.2006. That came to be challenged by the respondent by filing SBCWP-7562/2009 which came to be disposed of vide order dt.18.5.2010 by the Single Bench of this Court directing the authority to decide the representation of the respondent afresh in accordance with law.;