- (1.) INSTANT petition is directed against order of the Ld. Tribunal dt.10.12.2013.
(2.) IT is glaring case as to how an innocent person could be dragged into litigation and can be deprived of his legitimate dues on attaining superannuation age because of abuse of discretion available to the authorities/disciplinary authority.
(3.) BRIEF facts of the case which are relevant for our consideration are that the present petitioner joined service after due selection by the Rajasthan Public Service Commission in 1967. He is a graduate and for the purpose of date of birth, he has furnished certificate issued by the statutory Board in which his recorded date of birth is 20.7.1949 which was inserted into the service record and throughout maintained and according to his date of birth he has to retire on 31.7.2009 on attaining the age of superannuation. This is one of such incidence brought to our notice that how the right of fair consideration of a senior officer could be jeopardized and that is possible only if the senior is ousted by serving him a charge sheet/initiation of disciplinary enquiry and the petitioner was sidelined a week before his retirement by serving charge sheet dt.21.7.2009 for major penalty under the Central Civil Services (Pension) Rules, 1972 (Rules 1972) and the only charge leveled against him was that there is complaint received by the department that the date of birth recorded in the school record is false and fabricated and the department intends to enquire upon and he entered into service canceling his correct date of birth and treating it to be a misconduct which he committed while he submitted application and participated in the selection process relate back to the year 1967 and immediately after charge sheet came to be served he stood retired from service on 31.7.2009 and the very charge sheet dt.21.7.2009 served upon him came to be challenged by the petitioner by filing original application -317/2009 before the Tribunal and the Ld. Tribunal after hearing the parties allowed his original application vide order dt.1.4.2011 and quashed the charge sheet and also recorded the finding that it was malafide act of the respondent/disciplinary authority and with ulterior motive charge sheet was served upon the petitioner and the order of the Tribunal dt.1.4.2011 came to be challenged by the department by filing DBCWP -7005/2011 and that came to be dismissed by the Division Bench of this Court vide order dt.25.7.2011. However, on request made by counsel for the UOI in reference to the finding recorded by the Tribunal to initiate disciplinary enquiry for the malafide act and for oblique motive, the Division Bench took a lenient view and set aside the observation made by the Ld. Tribunal but at the same time upheld the order of the Tribunal and in view of the final order passed by the Division Bench dt.25.7.2011 charge sheet and disciplinary enquiry initiated pursuant thereto against the petitioner stands finally quashed and set aside.;