HARI OM GARG S/O SHRI R.C. GARG Vs. THE STATE OF RAJASTHAN
LAWS(RAJ)-2016-7-248
HIGH COURT OF RAJASTHAN
Decided on July 26,2016

Hari Om Garg S/O Shri R.C. Garg Appellant
VERSUS
The State Of Rajasthan Respondents

JUDGEMENT

- (1.) Navin Sinha, J 1. The three appeals arise from a common order dated 4.10.2012 dismissing three separate writ petitions challenging the orders of dismissal from service dated 12.5.1995 pursuant to inquiry report dated 9.11.1994 in departmental proceedings and the appellate order dated 5.12.1996 declining to interfere with the same.
(2.) A memorandum of four charges was framed against the Appellants on 18.5.1989. Charge 1 related to demand for illegal gratification of Rs. 2,000/- from candidates at the PHN Training Center, Dholpur and threatening not to pass them if it was not paid. Charge 2 related to drunken misbehaviour and sexual assault upon the students. Charge 3 related to sexual assault against the students and getting their pregnancy medically terminated. Charge 4 was interconnected with Charge No.1 that the students were allowed to go home to bring the bribe money even while they were shown present and attendance marked in their absence. The charges were accompanied by list of documents and witnesses by which the charges were proposed to be proved.
(3.) The writ petitions were filed in early 1997 and the appeals filed promptly in January, 2013. Notices were issued in the appeals to the two Official respondents on 27.11.2013. They were validly served on 13.12.2013 despite which they did not enter appearance. On 10.1.2014 the Court directed the Office of the Learned Additional Advocate General to arrange for representation of the respondents. The matter remained pending thereafter and the appeals have been listed together on several occasions. Today when the matter was taken up Learned counsel for the State submitted that copy of the appeal memo has not been provided till date. The order dated 17.4.2015 notices the submission on behalf of the Appellant that copy of the appeal has been served in the Office of the Advocate General. In D.B. Civil Special Appeal No. 109 of 2013, a reply to the memo of appeal has been filed on behalf of the State. A last submission was made that the name of the counsel for the State is not appearing in the cause-list.;


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