- (1.) The present special appeal is directed against the order of the ld. Single Judge of the order dt.29.08.2017.
(2.) The facts in brief which are relevant for disposal of the present special appeal are that the respondent-employee was appointed in service as Class-IV with the Rajasthan Small Industries Corporation Ltd. on 14.10.1977 and later promoted as Junior Sales Assistant on 04.11.1989. For the alleged delinquency which he had committed in discharging of his duties, a charge sheet for a major penalty u/R.8 of the Rajasthan Small Industries Corporation Services (Discipline & Appeal) Rules, 1974 (hereinafter 'the Rules 1974') came to be served upon him and in all four charges were levelled against him which are in reference to his willful absence from duty.
(3.) At the outset, we may notice that no allegation in the charge sheet was in reference to corruption or misappropriation of funds or a dereliction in discharge of duties. In a regular enquiry the charges were found proved by the Enquiry Officer and the Disciplinary Authority without affording opportunity of hearing and providing him the copy of enquiry report confirmed the finding of guilt and dismissed him from service vide order dt.18.04.1996. That came to be challenged by the respondent-employee in a departmental appeal and that remain undecided at this stage, he preferred S.B.C.W.P. No.3674/1996 which was disposed of vide order dt.23.07.1998, directing the appellate authority to decide the appeal of the delinquent within 30 days of the receipt of the certified copy of the order. In reference thereto the appeal was decided and that came to be challenged by the respondentdelinquent in subsequent S.B.C.W.P. No.2672/1999.;