SANDEEP MEHATA,J. - (1.) Heard learned counsel for the parties.
(2.) By way of the instant writ petition, the petitioner Dr.K.C. Laddha has approached this Court assailing the charge-sheet dated 22.9.1998 (Annex.7) issued to him under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short, CCA Rules), the order dated 24.10.2000 (Annex.11) imposing penalty, the order dated 1.3.2001 (Annex.13) dismissing the appeal and the order dated 4.12.2001 (Annex.14) dismissing the review petition.
(3.) The petitioner was posted as Senior Medical Officer in Mahatma Gandhi Hospital, Bhilwara in the year 1992. A Government accommodation was allotted to the petitioner with his posting at Bhilwara. The petitioner was transferred from Bhilwara in the year 1995 and as per the conditions of the residence allotment order, the petitioner was obliged to vacate the official accommodation within a period of one month from the date of relieving. However, he failed to do so within the scheduled time period. Upon this, repeated notices were issued to the petitioner to vacate the premises. However, the petitioner deliberately did not vacate the premises even thereafter. A charge-sheet dated 22.9.1998 came to be served upon the petitioner under Rule 16 of the CCA Rules. Later on, the charge-sheet was altered to one under Rule 17 of the CCA Rules and after taking the petitioner's explanation, the disciplinary authority being the State Government passed the order dated 24.10.2000 imposing upon the petitioner penalty of withholding of two grade increments without cumulative effect. The said order was challenged by the petitioner by filing an appeal under Rule 33 of the CCA Rules which was rejected by Hon'ble the Governor by order dated 1.3.2001 (Annex.13). Thereafter, the petitioner submitted a review petition which too was dismissed vide order dated 4.12.2001 (Annex.14). Hence, the petitioner has approached this Court by way of the instant writ petition assailing the charge-sheet and the three orders mentioned above. Dr.Sachin Acharya, learned counsel for the petitioner vehemently contended that the petitioner paid the penal rent for use of the Government accommodation after his transfer. He urged that the petitioner's mother was suffering from cancer and paraplegic. As per the medical certificates issued by competent authority, she was suffering from 70% permanent disability. The petitioner had been transferred to Nasirabad where facility of physiotherapy was not available. The petitioner thus had no option but to keep his mother at Bhilwara. Thus, as per the learned counsel, the action of the petitioner in not vacating the Government accommodation was bona fide and a sympathetic view should have been taken looking to the humanitarian aspect of the matter. He further urged that the Collector, Bhilwara has given explicit permission to the petitioner for continuing the retention of the Government accommodation upto 10.8.1998 and, therefore, the petitioner was wrongly held liable for illegal retention of the Government accommodation. He thus urges that the writ petition deserves to be accepted and the impugned orders should be quashed. ;