GOPAL KRISHAN VYAS, J. - (1.) BY this writ petition, the petitioner is challenging impugned order Annex. -13 dated 22.11.1993 and order Annex. -17 dated 19.12.1994, whereby he has been penalized under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short, 'the CCA Rules' hereinafter) whereby he has been punished with dismissal from service. The petitioner has further prayed for quashing of the order dated 8.4.1994 (Annexure -18) and to reinstate him in service with all consequential benefits.
(2.) ACCORDING to facts of the case, a charge memo was issued to the petitioner on 16.07.1991 by which it was alleged as under: .........[vernacular ommited text]........... The petitioner filed his reply to the charge -memo on 10.01.1992. According to the reply filed by the petitioner, the loss referred to in the charge -sheet was not occasioned to the respondents by the petitioner and it was due to lack of vigilance on the part of the officials in -charge.
(3.) AFTER the petitioner filed his reply, he was called upon to appear before the Enquiry Officer on 23.07.1992 for enquiry along with his witnesses and record in support of his case. Thereafter, on several dates, the petitioner was called upon to appear for his statement before the Enquiry Officer and, ultimately, on 19.01.1993, statement of petitioner was recorded by the Enquiry Officer. As there was no presenting officer on behalf of the Sangh, the Enquiry Officer cross -examined the petitioner. Case of the petitioner is that he was not given list of witnesses nor he was supplied the list of documents intended to be produced by the Sangh against the petitioner and without mentioning the purpose of hearing, the Enquiry Officer only gave notice to the petitioner to appear before him. Moreover, the petitioner was not afforded opportunity to submit his written submissions. The Enquiry Officer submitted his report to the Sangh and vide notice dated 19.10.1993 the petitioner was called upon to file reply upon the finding given by the Enquiry Officer. The petitioner submitted his reply to the said notice on 06.11.1993 and, on the same day, he was afforded opportunity of personal hearing, in which, his statement was recorded. Thereafter, through news -item published in the Rajasthan Patrika, daily news -paper on 23.11.1993, petitioner came to know that he has been ordered to be dismissed from service. Subsequently, petitioner was served with order dated 22.11.1993 whereby he was dismissed from service.;