- (1.) The appellant has challenged the order of the Single Bench dt. 17/2/2009, whereby the writ petition preferred by the appellant challenging the order forfeiting his past service, was dismissed. The appellant had been appointed as Class IV employee with the respondents on 25th June, 1987. He had remained absent from duty without leave from 12th October, 1990 to 30th July, 1991. He was issued a show cause notice on 30th January, 1992 under Rule 86(1) of the Rajasthan Service Rules, 1957 (hereinafter referred to as 'the Rules of 1957'). The reply of the appellant was not found satisfactory, and the competent authority vide order dt. 25th July, 1992 forfeited his past service by invoking Rule 86(1) of the Rules of 1957. The competent authority had also recommended initiation of disciplinary action against the appellant under the Rajasthan Civil Service (Classification, Control & Appeal) Rules, 1958. The appellant preferred an appeal before the Collector, who while upholding the forfeiture of his past service, partly allowed his appeal vide order dt. 25th April, 1994 by setting aside the initiation of disciplinary action against him.
(2.) Learned counsel for the appellant has contended that there was no justification for forfeiture of appellant's service, and the same should also have been set aside by the appellate authority.
(3.) We have heard learned counsel for the parties, and with their assistance, perused the record.;