- (1.) The petitioner was appointed as Manager with the Balahera Large-sized Society Limited by the Assistant Registrar, Co-operative Societies, Jaipur in pursuance of appointment order dated 6/7/1960. He was placed under suspension vide order dated 28/4/1980 (Annx.2) and chargesheeted vide order dated 22/24.12.1988 (Annx.4). He submitted reply to the chargesheet on 18/1/1999 (Annx.5). During the pendency of the disciplinary proceedings, the petitioner filed the instant petition seeking direction for his reinstatement and payment of consequential benefits.
(2.) A perusal of the reply filed by the respondents reveals that the petitioner had earlier filed S.B. Civil Writ Petition No. 972/1980 challenging the order of his suspension dated 28/4/1980 wherein this court directed him to hand over the charge of the record within three days to the liquidator of the society. It is also submitted in the reply that despite the aforementioned order, the petitioner did not hand over the charge of the society and consequently this court vide order dated 26/11/1984 vacated the interim order which was passed in favour of the petitioner. Subsequently, this court dismissed the aforementioned S.B.Civil Writ Petition no.972/1980 on 13/12/1985, passing the following order: "I have been informed at the bar that the petitioner has failed to deliver the records uptill now and is willfully retaining the same. The aforesaid conduct of the petitioner in wrongfully retaining the records and property of the Sahakari Samiti wih him and not returning the same in spite of the undertaking given by his counsel before this Hon'ble Court on 19.11.1984, is such as to disentitle him from seeking any relief from this court under Article 226 of the constitution of India. I do not propose to dismiss the writ petition on this ground because even on merits, I find that there is no substance in the challenge of validity of the order of the suspension made by the petitioner in this writ petition. "
(3.) This order was challenged by the petitioner by preferring D.B. Civil Special Appeal (Writ) no. 8/1989 which was dismissed by the Division Bench of this court on 22/8/1989.;