SANJEEV PRAKASH SHARMA,J. - (1.) This writ petition has been preferred by the petitioner praying that the dismissal order dated 06.05.1997 be set aside and be declared illegal and the petitioner be reinstated. He has also prayed for quashing enquiry report of the Enquiry Officer and the findings arrived at on the said basis by the disciplinary authority.
(2.) The short conspectus of the case is that the petitioner was enrolled as a Constable in R.A.C. on 23.12.1971. It is stated by him that in 1991, he suffered mental sickness called 'Schizophrenia' and 'Delirium' on account of which he used to unknowingly leave his place of posting and went astray. This resulted in unauthorised absence from duties. He underwent continuous treatment at various Government hospitals at Nagaur and Jaipur between 1991-93. But the ailment could not be cured fully and he would unknowingly overstay the leave or absent himself from duty.
(3.) It is stated that a memorandum dated 30.08.1994 was issued to him under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeals) Rules, 1958 initiating major penalty proceedings on the ground of alleged misconduct of overstaying of leave as well as deliberate absence from duty for various intervals during the period of 1991 to 1994. The petitioner being under mental Delirium/disease could not submit his reply and the enquiry was conducted ex-parte. The petitioner was not able to know about the departmental enquiry proceedings and while the Enquiry Officer gave a finding that he was suffering from mental sickness, held charges No. 1 to 10 as party proved and remaining charges were fully proved. The Enquiry Officer further recommended that the petitioner deserves to be removed from service and of course it is an admitted position that the copy of the enquiry report has been served upon petitioner, however in his 'Delirium', the petitioner did not file any reply and the disciplinary authority imposed the penalty from dismissal of the service vide order dated 31.12.1996, treating the period of absence as extraordinary leave.;