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2005 Supreme(Raj) 2962

AJAY RASTOGI
Purshottam Lal Gupta – Appellant
Versus
State – Respondent


Advocates:
For the Petitioner:Ashish Joshi, Advocate.
For the Respondents:B.K. Sharma, Dy. Government Advocate.

JUDGMENT

1. - By this writ petition, the petitioner has challenged punishment order dated 11.4.1988 (Ex.7) inflicting penalty of dismissal from service so also order of appellate authority dated 7.8.1991 (Ex.9) in an inquiry u/R. 16 of Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 ('CCA Rules').

2. Facts, in brief, are that the petitioner, while working as LDC in substantive capacity, was placed under suspension vide order dated 10.3.1983 (Ex.1) u/R. 13, CCA Rules, for a delinquency committed by him. A criminal case was also registered against him for offences u/ss. 419 & 420, IPC and was tried by Court of ACJM No. 2, Sawai Madhopur. While under suspension, respondents changed his head quarters from Bharatpur to Jaipur vide order dated 17.11.1983 (Ex.2), against which he submitted representation dated 2.12.1983 (Ex.3) to the effect that looking to the financial crunch and family circumstances during his suspension period, it was difficult for him to stay at changed headquarters-Jaipur. Pending his representation for recalling the order of changing head quarters, respondent No. 2 vide order dated 7.12.1984 without serving him any charge-sheet, appointed Insp





































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