Govind Mathur, J. - (1.) THE petitioner, a Junior Specialist (Surgery) with the Department of Medical & Health Services, Government of Rajasthan, by this petition for writ is giving challenge to the order dated 24.4.2002 passed by the disciplinary authority, dismissing him from service as a consequent to an inquiry conducted as per Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (hereinafter referred to as "the Rules of 1958").
(2.) THE facts of the case are that the petitioner while working at Upgraded Primary Public Health Centre, Abu Road, as Junior Specialist (Surgery), submitted a letter dated 11.6.1996 to the Chief Medical & Health Officer, Sirohi to get his service record and service book completed as he was intending to seek voluntary retirement from service. The Deputy Secretary to the Government of Rajasthan, Jaipur by a letter dated 17.7.1996 informed the petitioner that grant of voluntary retirement from service shall not be possible as a disciplinary proceeding was under contemplation against him. Relevant to note here that as a matter of fact no request upto 17.7.1996 was made by the petitioner seeking voluntary retirement from service, however, it appears that the respondents, considered the letter dated 11.6.1996 as a request made by the petitioner to go on retirement voluntarily. As per the petitioner the then Minister of State for Medical & Health visited Upgraded Primary Public Health Centre, Abu Road on 20.6.1996 and made an open announcement for transfer of the petitioner. The petitioner accordingly submitted a representation to the Minister concerned pointing out that on 20.6.1996 he was on leave and as such whatever reason there was to provoke the Minister to make an open announcement regarding transfer was unwarranted. On the same day the petitioner also moved an application seeking voluntary retirement from service w.e.f. 31.10.1996 which was forwarded to the Director, Family Welfare on 3.7.1996. Though the application of the petitioner relating to voluntary retirement from service was pending consideration, he was transferred from Abu Road to Makrana under an order dated 26.6.1996. A challenge was given to the order of transfer by way of filing SB Civil Writ Petition No. 2155/1996, wherein by an order dated 23.7.1996 this Court stayed the transfer. The Deputy Secretary to the Government of Rajasthan, Department of Medical & Health Services then passed an order dated 31.8,1996/6.9.1996 keeping the petitioner awaiting posting orders, however, this Court in SBCivil Writ Petition No. 3066/1996 stayed effect and operation of the order aforesaid too. Despite interim orders referred above an another order dated 20.9.1996 was passed by the Government of Rajasthan transferring the petitioner to Sadulpur, District Churu. By way of filing SBCivil Writ Petition No. 3500/1996, the petitioner also assailed validity of the order dated 20.9.1996 and therein the order aforesaid too was stayed. With the facts surrounding as above, the petitioner on 31.10.1996, by considering himself incharge of the Upgraded Primary Public Health Centre, Abu Road, passed an order dated 31 10.1996 relieving himself from service voluntarily, however, the Chief Medical & Health Officer, Sirohi cancelled the order dated 31.10.1996. Accordingly the petitioner joined back the duties with protest on 9.11.1996. An another order dated 29.11.1996 was passed by the Deputy Secretary to the Government of Rajasthan, Department of Medical & Health Services (Group -II), placing the petitioner under suspension. By the same order the headquarter of the petitioner was changed from Abu Road to Jodhpur and that was again challenged by the petitioner by way of filing SBCivil Writ Petition No. 328/1997, wherein too an interim order was passed staying operation and effect of order placing the petitioner under suspension. Despite the interim order aforesaid, the petitioner was not taken on duty for a period of about five months. As per the petitioner even while making compliance of the interim directions given by this Court, he was not permitted to join duties at Abu Road but was instructed to report in the office of the Director, Medical & Health Services, Government of Rajasthan, Jaipur. The Tehsildar, Abu Road then issued a notice dated 1.6.1998 directing the petitioner to vacate the government accommodation as a consequent of transfer from Abu Road. The petitioner by way of filing another Writ Petition (SBCWPNo. 1968/1998) challenged the notice dated 1.6.1998 and operation and effect of that notice too was stayed by this Court. A Writ Petition (SBCWPNo.3066/1996) was also filed by the petitioner seeking direction for the respondents to treat him retired voluntarily w.e.f. 31.10.1996.
(3.) THE petitioner, then was served with a memorandum as per provisions of Rule 16 of the Rules of 1958 dated 6.5.1997 with following allegations: Varnacular Text ;