The re-employment of a dismissed employee is void ab initio if it is brought about by bias and on account of the non-disclosure of relevant and important facts relating to the previous dismissal.

1. - The petitioner was appointed as a Gumashta in the service of the Municipal Board, Rajaldesar (hereinafter called 'the Board') on July 18, 1946. While he was working in that capacity, he was found guilty of negligence and embezzlement of public fund and was dismissed from the service of the Board by the order dated August 18, 1951 passed by the Director of Local Bodies, Rajasthan. Jaipur. The petitioner filed an appeal before the State Government but the Government rejected his appeal and confirmed the order of dismissal of the petitioner, which fact was communicated to the petitioner by the Director of Local Bodies vide his letter dated November 4, 1952. The petitioner again applied to the Board for fresh employment on the post of a Clerk on December 9, 1959. At that time, Laduram cousin brother of the petitioner happened to be the Chairman of the Board & by a resolution of the Board passed at its meeting held on December 11, 1959 and over which Laduram presided, the petitioner was again employed as a Revenue Clerk in the service of the Board. In the resolution of the Board dated December 11, 1959 (Ex. 8) it was observed that the petitioner was earlier "removed" on the ground of ill-will but he was not at fault. Thereafter, the petitioner was sent for training for the post of Sanitary Inspector and was eventually appointed as Sanitary Inspector by the resolution of the Board dated May 9, 1962 while he was asked to perform the duties of the post of Revenue Clerk as well. The Administrator of the Board wrote a letter to the Collector, Churu on July 12, 1963 informing him that the Board at its general meeting held on May 9, 1962 promoted the petitioner as Sanitary Inspector and that administrative sanction for the creation of the post of Sanitary Inspector be accorded, as also for the appointment of the petitioner against the aforesaid post. The Collector, Churu by his letter dated July 17, 1963 gave administrative sanction for the appointment of the petitioner on the post of Sanitary Inspector with effect from the date he started working on that post. The petitioner continued in the Municipal Board for a few years. But after the lapse of some time it came to the notice of the Board that the petitioner had earlier been dismissed from the service of the Board. On July 10, 1967, the then Administrator of the Board, after obtaining the explanation of the petitioner, wrote to the Director of Local Bodies, Rajasthan, that the petitioner was a dismissed employee and that he had obtained fresh employment in the Board by suppressing the true facts and that it would be proper to remove such a person from the employment of the Board who obtained employment by practicing deception and by not disclosing the fact of his earlier dismissal from the service of the Board. The Director of Local Bodies agreed with the view of the Administrator. Thereupon, the Chairman of the Board by his order dated May 26, 1971 (Ex. 16) directed that the services of the petitioner may be put to an end with immediate effect. The petitioner preferred an appeal against this order passed by the Chairman of the Board to the Collector, of Churn, who by his order dated September 7, 1971 remanded the matter to the Board with the direction that the petitioner should be given an opportunity of hearing before his se vice is terminated. Thereafter, the Board by its letter dated October 23, 1971 gave an opportunity to the petitioner to show cause why his service should not be terminated in the aforesaid circumstances an after obtaining the petitioner's explanation, the Chairman of the Board confirmed the earlier order dated May 26, 1971 terminating the service of the petitioner. It appeals that soon thereafter, the Board was reconstituted and Goverdhanlal Sharma became the new Chairman of the Board and then the Hoard in its meeting dated November 15, 1971, held under the Chairmanship of Goverdhanlal Sharma, set aside the proceedings taken by the earlier Chairman