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2007 Supreme(Raj) 1546

PREM SHANKER ASOPA
Tej Singh Shekhawat – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Mr. Sunil Samdaria, Advocate.
For the Respondent: Mr. A. S. Khangarot, Addl. GA.

JUDGMENT

1. - By this writ petition the petitioner has challenged the order of compulsory retirement dated 12.6.1998 whereby he has been retired compulsorily under sub-rule 2 of Rule 244 of the Rajasthan Service Rules, 1951 from the post of Inspector.

2. The facts, in brief, of the case are that the petitioner was appointed as Amin on 8.12.1964 and promoted to the post of Inspector vide order dated 2.9.1993 on recommendation of the Departmental Promotion Committee under the Rajasthan Sub-ordinate Service (Appointment & other Conditions) Rules, 1960 subject to review and revision, and was confirmed on 14.2.1995. The order of compulsory retirement was passed on 12.6.1998, which is neither in public interest nor the same is based on the relevant record. The irrelevant material and record of which adversities is washed away, has been given much weightage.

3. The Government has filed interim reply and submission of the Government is that there are three punishments, which are as follows :

1. Withholding of one grade increment vide order dated 3.12.1988.

2. Censure order dated 31.10.1991.

3. Again Censure order dated 31.10.1991.

4. Therefore, the order of compulsory retirement has rightly bee























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