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1989 Supreme(Raj) 598

S.N.BHARGAVA, P.C.JAIN
Vasudeo K. Hardasani – Appellant
Versus
The State of Rajasthan – Respondent


For the Petitioner:Mr. G.S. Singhvi, Mr. Shyam Arya, Advocates.
For the State :Mr. K. N. Shrimal, Advocate.

JUDGMENT

1. - The petitioner entered the Government service as a Lower Division Clerk in the Rajasthan Canal Project. Thereafter, he was transferred to the Directorate of N.C.C. w.e.f. 19.5.1967. He was transferred from Jaipur to Ajmer vide order dated 4.9.1982. He filed a civil suit in the court of Additional Munsif, Jaipur City (West) Jaipur. Along with the suit, he also filed an application for grant of temporary injunction which was granted to him.

2. A memorandum dated 21.12.1982 was issued by the Deputy Director (Administration), proposing an enquiry under Rule 16 of the Rajasthan Civil Services (Classification. Control and Appeal) Rules. 1958 (hereinafter referred to as the 'Rules of 1958'). A charge-sheet was given to the petitioner on 9.8.1984. He submitted reply to the charge-sheet on 22.9.1984. After completion of the enquiry, a penalty of compulsory retirement with proportionate pension was inflicted vide order dated 1.10.1985. Against the order dated 1.10.1985, the petitioner filed Writ Petition No. 1786/1985 Vasudeo K. Hardasani v. State of Rajasthan and others in which following order was passed:-

"16.10.85 In this writ petition the petitioner has challenged the orde























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