R.R.YADAV, J. - (1.) IT is pertinent to mention that the instant writ petition was filed before the Division Bench of this Court challenging the vires of Rules 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 alleging it to be violative of Articles 14, 16 and 21 of the Constitution of India. Learned Counsel for the petitioner made a statement before the Division Bench on 20.3.1990 to the effect that he did not want to challenge the constitutional validity of Rule 16 of the Rajasthan Civil Service (Classification, Control and Appeal ) Rules, 1958 and upon his aforesaid statement, the Division Bench consisting of Hon'ble the then Acting Chief Justice Mr. M.C. Jain and Hon'ble Mr. Farooq Hasan, J. Passed the following order, which is reproduced below: 20.3.90. Counsel for the petitioner states that he does not want to challenge the costitutional validity of Rule 16. In view of the above statement, let the matter be placed before S.B, on 26th March, 1990 as he withdraws the prayer regarding challenge to constitutional validity of Rule 16 of the Rajasthan Civil Service (Classification, Control & Appeal) Rules, 1958.
(2.) THIS is how the present wilt petition is posted before me for final hearing. The petitioner has filed the present petition for quashing the impugned order of his removal from service dated 27.7.84 (Anx.4) passed by the respondent No. 2, appellate order dated 3,8.85 (Anx.5) passed by the respondent No. 3 and review order dated 1.10.86 (Anx.7) passed by the respondent No. 1 on the ground interalia that the Enquiry Officer has conducted the disciplinay enquiry against the principle of natural justice and the Disciplinary Authority has passed the order of removal of his services without discussing the material witness adduced on behalf of administration as well as defence adduced by the petitioner. It is also alleged that the charges levelled against him are baseless.
(3.) ACCORDING to the petitioner on 5.1.83 his physical condition was serious and he was not in a position to attend his duties, so he consulted a Doctor in Chouhan Clinic, Chomu Distt. Jaipur who advised him to take rest for six days. He has sent his leave application through his brother Birbal at Jaipur in the office of Anti -Corruption Department Jaipur. His Application for leave from 5.1.1983 to 10.1.1983 for six days was not considered by the Disciplinary Authority and even medical certificate given by the Physician was dis believed without assigning any reason.;