1. - The subject matter of challenge in the instant appeal is the judgment and order dated 10.8.2005 whereby the penalty of compulsory retirement with proportionate pension imposed on the respondent-writ-petitioner by way of disciplinary measure has been annulled.

2. We have heard Mr.K.L.Thakur, learned Additional Advocate General for the appellants-State and Mr.M.S.Singhvi, learned Senior Counsel for the respondent-writ-petitioner.

3. The prefatory facts preceding the initiation of disciplinary proceeding against the respondent-writ-petitioner are that at the relevant time i.e. in 1983, he was Executive Engineer, Public Health & Engineering Department (PHED) and posted as Technical Assistant to the Additional Chief Engineer at Ajmer. Civil suits had been instituted by four firms with regard to the disputes arising out of the contracts awarded to them for drilling hand pumps at various places by the department. Vis-a-vis the said civil proceedings, the respondent-writ-petitioner was appointed as officer-incharge on behalf of the State of Rajasthan. According to him, on 3.2.1983, he received a letter dated 1/2.2.1983 signed by the Deputy Secretary to the Government of Rajasth