Mohammad Rafiq, J. - (1.) Under challenge in this writ petition is the order dated 31/5/1994 by which petitioner was awarded penalty of removal from service. Petitioner was holding the post of Associate Professor in Pathology, JLN Medical College Ajmer at the relevant time. He applied for registering his name in the panel of foreign assignment. Principal & Controller of Dr.Sampurnanand Medical College, Jodhpur forwarded his application with his letter dated 14/12/1987 recommending to Secretary to the Government, in its Department of Medical and Health. Deputy Secretary of the Government vide order dated 18/3/1988 conveyed sanction of the Governor for deputation of the petitioner to Saudi Arabia for two years. According to the petitioner, his contract of service with Al Elwani National Clinic at Riyadh was for two years and thereafter he requested them for relieving him. Neither he was relieved nor his dues were cleared. Therefore, he requested Secretary, Medical and Health Rajasthan for extension of his deputation upto 5/2/1992. Application was forwarded by the Indian Embassy at Riyadh with request that his period of absence from 15/1/1991 be regularised and he may be further granted deputation of one year. Principal and Controller Dr.Sampurnanand Medical College Jodhpur where petitioner was lastly posted, however sent letter dated 18/5/1991 informing the petitioner that departmental enquiry has been initiated against him. Deputy Secretary to the Government in its Department of Medical and Health Jaipur vide letter dated 3/6/1991 also informed the petitioner that employment agreement with the private clinic cannot be permitted. Petitioner was specifically directed to join his duties within one month. Petitioner submitted reply to the Government on 18/6/1991 followed by application dated 23/6/1991 which was sent through Indian Embassy at Riyadh for extension of deputation period and explaining the reasons why he could not join. According to the petitioner, his subsequent application dated 2/7/1991 was also forwarded by First Secretary (Economics and Commercial) Embassy of Riyadh vide letter dated 10/7/1991 on the premise that several other doctors are also on deputation in private clinics in Saudi Arabia. According to the petitioner, he informed the President of Green Crescent Health Service Riyadh vide his letter dated 25/11/1991 that his contract to serve with them will expire on 6/1/1992 and he may be relieved thereafter. It is further contended that President of the said Hospital informed the petitioner vide letter dated 25/11/1991 that they would like to request him to stay for another one year. Petitioner submitted a representation to the Secretary Medical and Health Department on 14/1/1992 for extension of deputation followed by another representation dated 8/2/1992.
(2.) According to the petitioner, he received a summon for appearing before the enquiry officer on 24/4/1992 only a week before the said date and therefore was not in a position to attend the departmental enquiry. It is contended that Deputy Secretary of the Government Medical and Health Department, Jaipur informed the petitioner vide letter dated 13/5/1992 that he may obtain NOC from Government of Saudi Arabia and send the same to the Government of Rajasthan. Similar letter was also sent by the Deputy Secretary to the Medical and Health (Gr.I) Department, Jaipur on 13/5/1992 itself to the First Secretary (Economics and Commercial) Embassy of Riyadh to issue NOC for appointment of the petitioner and send the same to the Government of Rajasthan so that deputation orders may be issued. The Counselor (Economics and Commercial) along with forwarding letter dated 23/8/1992, sent the NOC to the Deputy Secretary to the State of Rajasthan issued on 22/8/1992. Petitioner submitted representation to the Secretary Medical and Health Department on 20/8/1992 that the departmental enquiry against him was biased. Deputy Secretary to the Government, Department of Personnel vide his letter dated 7/9/1992 sent a copy of the enquiry report dated 25/6/1992 asking the petitioner to submit his representation if any. Deputy Secretary vide his letter dated 28/12/1992 addressed to the Counselor (Economics and Commercial) Embassy of India, Riyadh with copy to the petitioner requesting to inform the petitioner that he should get himself relieved and immediately join with the Government as no extension could be allowed. It was thereafter that petitioner persuaded his employer at Riyadh and came to India to rejoin his duties as Associate Professor Department of Pathology JLN Ajmer. It was thereafter that petitioner submitted applications on 22/6/1993 and 30/6/1993 to the disciplinary authority for providing to him copies of the documents relied by department, copies of statements of departmental witnesses and copy of order-sheet of the enquiry proceeding by which it was decided to proceed against him ex-parte. Disciplinary Authority vide letter dated 16/7/1993 informed the petitioner that he may inspect the documents and submit his representation by 31/7/1993. Petitioner submitted representation on 3/8/1993 along with reply to the statement of allegations along with supporting documents. Petitioner vide letter dated 8/6/1994 requested the disciplinary authority for granting him personal hearing. Deputy Secretary to the Government, Department of Personnel vide order dated 31/5/1994 however removed the petitioner from service indicating that R.P.S.C. has been consulted and that representation of the petitioner was not found satisfactory and looking to the seriousness of the charges against him, it has been decided to remove him from service.
(3.) I have heard Shri Mahendra Singh, learned counsel for the petitioner, Shri Zakir Hussain, learned Additional Government Counsel and perused the material available on record.;