SHAMBHOO SINGH S/O DEVI SINGH Vs. STATE OF RAJASTHAN AND OTHERS
LAWS(RAJ)-2018-5-160
HIGH COURT OF RAJASTHAN
Decided on May 14,2018

Shambhoo Singh S/O Devi Singh Appellant
VERSUS
State of Rajasthan And Others Respondents

JUDGEMENT

PUSHPENDRA SINGH BHATI, J. - (1.) This writ petition has been preferred with the following prayers: "1. By an appropriate writ order or direction, the respondents may kindly be quashed and set aside the order dated 31.08.2004, order dated 07.12.2005 and order dated 10.07.2009. 2. By an appropriate writ order or direction, the respondents may kindly be directed to reinstate the petitioner. 3. By an appropriate writ order or direction, the respondents may kindly be directed to grant the gratuity, pension as well as retiral benefits. 4. Any other appropriate writ, order or direction which this Hon'ble Court deems just and proper may kindly be passed in favour of the petitioner."
(2.) Brief facts of this case, as noticed by this Court, are that the petitioner joined his services on the post of Constable on 01.03.1977 and was promoted on the post of Head Constable in the year 1999. The petitioner continued in service upto 31.08.2004 when he was terminated by the respondent-department on account of willful absence. The petitioner has rendered 27 years of service and the charge against him is of willful absence for 84 days.
(3.) Learned counsel for the petitioner has pointed out that any previous absence of the petitioner cannot be taken into account for passing the impugned order, as it has already been condoned by the respondent and the only consideration is the 84 days absence and the reasons therefore was that the petitioner's mother and wife were critically ill, and therefore, he could join the duties and remained absent.;


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