- (1.) The prayer in the present petition is for quashing the departmental proceedings initiated against the petitioner in pursuance to the charge sheet dated 02.08.2005 with a further prayer to fix the pay of the petitioner and grant the arrears after the said fixation.
(2.) The facts of the present case are enumerated below: The petitioner was appointed as Nurse Grade II in February 1986. The petitioner was sent to Await Posting Order in the office of Joint Director, Jodhpur and thereafter he joined in the office of Joint Director, Jodhpur. From there he was posted at Chief Medical & Health Officer, Jodhpur. In the year 1992, the petitioner was transferred to Primary Health Centre, Kelansar, Phalodi. After 11 months, he was further transferred to Bangar Government Hospital, Pali. Hardly seven months had passed, when he was sent to Primaly Health Centre, Kharda Rohat. During his tenure at Kharda Rohat, the petitioner remained absent from April 1992 uptill 12.08.1993 on account of his own illness and that of his mother. A notice was served upon him on 23.04.1993 for taking action against him under Rule 86 of the Rajasthan Service Rules. The petitioner further stated that he had duly sent his leave application but the same had not been processed and he came to know about the same only when he received the notice dated 23.04.1993. After receiving the aforesaid notice, the petitioner submitted his joining on 12.08.1993 to the Chief Medical Health Officer, Pali along with the relevant certificates, who in turn directed the petitioner to submit his joining before the Director, Medical & Health Services, Jaipur. Thereafter, the petitioner submitted his joining before the Director, Medical & Health Services, Jaipur who directed him to submit his joining at Natoda, Primary Health Centre, Swaroopganj. His joining was accepted and is pay was fixed at the stage of Rs. 1650/- (Pay scale of Rs. 1400-2600/-). On 13.09.1995, the Joint Director, Jodhpur directed the petitioner to report for further posting at Chief Medical & Health Officer, Sirohi. On 06.07.2006, the District Vigilance Committee fixed his pay (revised Pay Scale of Rs. 5000-8000) at a stage of Rs. 5,000.
(3.) Subsequently, after a gap of almost 12 years, on 02.08.2005, the respondents initiated the enquiry against the petitioner under Rule 16 of the Rajasthan Civil Services (CCA) Rules. The petitioner submitted his reply stating therein that he proceeded only after obtaining leave and also regularly submitted applications for extension of his leave.;