- (1.) In this civil special appeal filed by the State of Rajasthan, the Ayurved Department is challenging the judgment dated 14.2.2011 passed by the learned Single Judge in SBCWP No.4185/2009 by which the learned Single Judge allowed the writ petition filed by respondents-legal heirs of late Sh. Chandra Mohan Vyas and quashed the order dated 21.9.2006 passed by the disciplinary authority in the inquiry under Rule 16 of the Rajasthan Civil Services (Classification Control and Appeal) Rules, 1958 (hereinafter referred to as the CCA Rules for short) and order dated 5.8.2008 passed by the appellate authority and issued direction to treat delinquent employee late Sh. Chandra Mohan Vyas in service till his death or the date of retirement on attaining age of superannuation, whichever is earlier.
(2.) As per brief facts of the case late Sh. Chandra Mohan Vyas was working on the post of UDC in the Ayurved Department, who expired on 11.3.2009 at Haridawar (Uttarakhand). Late Sh. Chandra Mohan Vyas was working on the post of UDC since 1969 but in the year 1982 ye was placed under suspension. Tow criminal cases were also registered against him for the allegation of embezzlement of Government money, out of two cases, late Sh. Chandra Mohan Vyas was acquitted in one case vide judgment dated 28.1.2006 passed by the learned Addl. District and Sessions Judge No.3, Jodhpur while accepting his appeal. After lodging the criminal case, a charge-sheet was served upon late Sh. Chandra Mohan Vyas under Rule 16 of the CCA Rules in the year 1987 vide charge memorandum dated 5.3.1987.
(3.) In the charge-sheet, 13 charges were framed against him and all the charges were based upon the acts, which were directly involved and subject matter in the criminal case lodged by the department against him. The charge-sheet was issued on 5.3.1987, but for good five years, no inquiry officer was appointed and vide order dated 24.2.1992 for the first time, inquiry officer was appointed. After 11 years, the inquiry was concluded by the inquiry officer and the inquiry report (Annex.7) dated 15.12.1999 was submitted to the disciplinary authority. The disciplinary authority issued notice to late Sh. Chandra Mohan Vyas and sought his explanation against the finding given in the inquiry report. Late Sh. Chandra Mohan Vyas filed his detailed representation before the disciplinary authority and prayed to exonerate him from the charge levelled against him.;