Sandeep Mehta, J. - (1.) BY way of the instant writ petition, the petitioner has approached this Court assailing the legality and validity of the memorandum of charges and charge -sheet (Annex.16) dated 29.10.2013 whereby disciplinary proceedings were initiated under Rule 16 of the CCA Rules, 1958 against the petitioner and to direct the respondents to forthwith release the pensionary and retiral benefits of the petitioner.
(2.) FACTS in brief are that, after summoning the name of the petitioner and numerous other persons from the Employment Exchange Ajmer, an appointment order (Annex.4) dated 29.6.1979 was issued by the respondent Medical and Health Department offering appointment to the aspirants on the post of Male Nurse in pay scale No. 2 on temporary basis. Whilst issuing the appointment order, the petitioner's date of birth was mentioned therein as 17.10.1953. The same date of birth was entered in the petitioner's service book as well. It appears that the date of birth so entered in the petitioner's service record was erroneous as his actual date of birth is 17.9.1953. A complaint dated 2.12.2007 was received in the office of the Additional Director, Medical and Health Services, Government of Rajasthan, Jaipur regarding some of the abovementioned employees having procured employment by submitting forged documents. The petitioner's name also featured therein. The complaint has been placed on record of the writ petition as Annex.5. The Joint Director directed an inquiry upon the complaint and the inquiry officer being the Assistant Accounts Officer submitted an inquiry report (Annex.6) finding that the allegations levelled in the complaint were incorrect and the recruitment of the petitioner and other persons named in the complaint was absolutely fair and untainted. During the inquiry, the petitioner's original educational documents/certificates etc. were also got verified from the Board and as per the said documents, the date of birth of the petitioner was found as 17.9.1953 instead of 17.10.1953 as entered in his service record. The inquiry was finally dropped by order (Annex.8) dated 28.6.2011. The concluding portion of the inquiry report is reproduced hereinbelow for the sake of ready reference: - -
(3.) AN FIR No. 31/2008 was also registered at the Police Station Hathipol, Udaipur by one Satyaveer Singh in relation to the very same allegations, wherein also, after investigation the Police filed a negative Final Report in the court concerned on 5.7.2008. It was clearly mentioned in the Final Report that none of the accused employees had procured employment by submitting forged documents.;