1. - In this Writ petition it has been prayed that the order of suspension of the petitioner from service be ordered to be revoked or in the alternative respondent Government may be directed to consider the case of the petitioner under rule 13(5) of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958. The petitioner who joined service as Junior Engineer in the Irrigation Department of the Government of Rajasthan on 1.4.58 received promotion as Assistant Engineer by Government order dated, 20.3.78. His claim is that he has been working to the satisfaction of his superior officer and has discharged duties honestly and diligently. He was posted as Assistant Engineer, Irrigation, Sub-Division, Dholpur with effect from 30.8.82 and he worked on that place upto April 1985. Even before the petitioner's posting in Dholpur Sub-Division, Shri Mahadeo Prasad Gupta was working as Store Munshi in the office of the Assistant Engineer since 15.12.74. As Store Munshi he was preparing pay bills, T.A. bills, Medical bills, Pension and Gratuity bills. He used to carry these bills to the Treasury, Dholpur for getting same passed by the Treasury and he also used to get cash payment from the State Bank of Bikaner and Jaipur, Dholpur Branch. Shri N.C. Avasthi worked as Assistant Engineer at Dholpur, Sub-Division prior to petitioner's posting at Dholpur. While working as Store Munshi Shri Mahadeo Prasad Gupta forged the signatures of S/Shri N.C. Avasthi and S.K. Agarwal (Assistant Engineers) and received money from State Bank of Bikaner and Jaipur, Dholpur Branch in lieu of 8 such bills. He thus received a sum of Rs. 54894/-. After the petitioner's posting at Dholpur, he remained on leave between 11.8.83 to 9.9.83. On 10.8.83, which was Sunday, the petitioner went to Jallundhar (Punjab) in connection with the marriage of Kumari Manju Gogna, daughter of his elder brother. He remained there upto 16.8.83. The petitioner went to Bikaner on 16.8.83. He remained at Bikaner upto 8.9.83 with his family and then joined his duty at Dholpur on 10.9.83. During this period Shri Mahadeo Prasad prepared the forged bills by putting petitioner's signatures and encashed them from the State Bank of Bikaner and Jaipur, Dholpur Branch.

2. During the period the petitioner had remained on leave, Shri S.C. Mittal, Accounts Officer of the office of Accountant General wrote a letter dated, 11.8.83 pointing out the double payments in respect of gratuity amount in the name of Smt. Krishna Devi. This letter was never received by the petitioner. Instead, it was received by Shri Mahadeo Prasad Gupta during petitioner's absence. According to the petitioner, Shri Mahadeo Prasad Gupta seems to have got the said record burnt by short circuiting the electric, connection and that is why the letter meant for the Assistant Engineer, Irrigation, Sub Division, Dholpur, was not available in that office. A copy of letter dated, 18.8.83 which was sent to the Executive Engineer, Irrigation, Dholpur, was sent to the office of the Assistant Engineer, Irrigation Sub Division, Dholpur. The same was also received by Shri Mahadeo Prasad Gupta personally but he did not enter this letter in the receipt Register of the office of the Assistant Engineer, Irrigation Sub Division, Dholpur.

3. When Shri Ramesh Chand Gupta, Assistant Accounts Officer of the office of Executive Engineer, Irrigation Circle, Dholpur, came to make an enquiry at Dholpur on 23.12.84 regarding double payments, then all these facts came to the notice of the petitioner. The petitioner then made enquiry. He recorded statement of Shri Mahadeo Prasad Gupta. He admitted to have received a sum of Rs. 1,72,565.55 which had been drawn by him by putting forged signatures of the petitioner. Shri Mahadeo Prasad Gupta also gave statement before Shri Ahsan Ahmad Chipa, Assistant Executive Magistrate and Collector, Dholpur. In that statement dated. 28.12.83 Shri M.P. Gupta deposed that he has deposited a sum of Rs.