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2002 Supreme(Raj) 1877

SHIV KUMAR SHARMA
Kadir Ahmad – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
For the Petitioner:Mr. Ajeet Kumar Sharma, Advocate.
For the Respondent:Mr. Mahesh Sharma, Addl. Advocate General.

JUDGMENT

1. - The petitioner seeks to set aside the order dated 18.5.2000 whereby the petitioner a Forest Guard was retired compulsorily under Rule 244(2) of Rajasthan Service Rules, 1951 read with Rule 53(1) of Rajasthan Civil Services (Pension) Rules, 1996.

2. In the return to the writ petition, the respondents have made attempt to justify the impugned order of retirement by giving details of punishment awarded to the petitioner thus:

(i) The D.F.O., Kota stopped two annual grade increments by cumulative effect vide order dated 15.5.1986;

(ii) The D.F.O., Bundi stopped one annual grade increments without cumulative effect vide order dated 30.3.1999;

(iii) The D.F.O., Kota had imposed the penalty of censure vide order dated 15.10.1987;

(iv) The D.F.O., Bundi' stopped two annual grade increments without cumulative effect vide order dated 18.8.1990;

(v) The details of remarks made in annual confidential Reports of the petitioner are as under:

YEAR

RESULT

1982-83

Average

1983-84

Average

1985-86

Below Average

1990-91

Integrity Doubtful

1994-95

Very Good

1995-96

Good

1996-97

Satisfactory

1998-99

Satisfactory


3. The petitioner has estab



















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