BEHARI LAL GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner is challenging the order of removal dated 24. 5. 1995 (Annexure-6) and all consequential orders.

(2.) THE petitioner who was initially appointed in the year 1971 as Civil Assistant Surgeon is qualified as M. S. (Gynaecology ). He was promoted as Junior Specialist in 1987. When he was posted at Postmortem Centre Sambherlake, District Jaipur, he was served with a charge-sheet on 3. 1. 1995 calling him to submit his reply or defence. He had asked for inspection of the documents. He was charge-sheeted for wilful absence from duty from 2. 10. 92 to 5. 8. 1993 when he was posted at Post-mortem Centre Taranagar District Churu. Charge-Sheets have been attached as Annexures-1 and 2. It is submitted by the petitioner that he had approached the department for supply of certain documents vide Annex-3, but he had received no response despite his repeated reminders, copies of which have been attached with the writ petition.

(3.) EVEN though the RPSC who is only to be consulted before removal was almost a pro-forma party, has also filed a detailed reply justifying the order of removal. As a matter of fact no allegations have been levelled against the RPSC and such RPSC was not at all a necessary party. Action of the disciplinary authority was being challenged and not of RPSC, but still the RPSC has filed a detailed reply as if it was the disciplinary or the competent authority itself by commenting on the conduct of the petitioner for remaining absent for the period in question. As a matter of fact the averments which should have been clarified by the remaining respondents has been illucidated by RPSC in detail.