SANJEEV PRAKASH SHARMA,J. - (1.) Petitioner has preferred instant writ petition assailing order dated 12/02/2016 whereby he has been removed from service by upholding the punishment order passed earlier dated 18/04/1996 after he had already attained superannuation.
(2.) Brief facts to be noted are that the petitioner was holding the post of Junior Sales Assistant in the Rajasthan Small Industries Corporation (hereinafter referred as 'RSIC'). He was served with a charge sheet on 30/06/1995 under Rule 8 of the RSIC Service (Discipline and Appeal) Rules, 1974. Four charges were levelled against him. He denied the charges and enquiry was conducted. The enquiry officer submitted enquiry report on 11/04/1996 and punishment order was passed on 18/04/1996 removing the petitioner from service after holding him guilty of the charges.
(3.) The petitioner assailed the punishment order dated 18/04/1996 and the order passed in departmental appeal dated 19/09/1998 by preferring SB Civil Writ Petition No. 2672/1999 which was allowed vide judgment dated 08/08/2008 and following order was passed:- "In the result, the writ petition succeeds and the order of penalty and removal of the petitioner from service dated 18.4.96 is set aside and the order by which the appeal of the petitioner was dismissed dated 19.9.1998 is also set aside. Since the petitioner was removed a decade ago and this matter has remained pending for more than nine years, owing to which the petitioner was not required to discharge his duties, all this time, he would therefore be only entitled to notional benefits for the intervening period. In so far however other benefits are concerned such as increments, revision of pay, seniority and consideration of promotion etc., the petitioner would be deemed to be continuous in service and this period of service would held valid for the purpose of all these benefits.";