2011 Supreme(Raj) 1591
MOHAMMAD RAFIQ
Amichand – Appellant
Versus
State of Rajasthan – Respondent
Advocates:
For the Petitioner:Vinod Singhal, Advocate.
For the Respondents: M.F. Baig, Deputy Government Counsel.
JUDGMENT
1. - This writ petition has been filed by petitioner Amichand assailing - (1) Order dated 13.09.2004 of his dismissal from service, (2) Order dated 31.12.2004 by which his appeal was dismissed, and (3) Order dated 16.06.2008 by which his review petition was dismissed.
2. Although writ petition has been preferred on number of grounds but learned counsel for petitioner has confined his arguments only on question of parity with co-delinquent Gokulchand. It is contended that petitioner and Gokulchand were proceeded against disciplinary proceedings in a joint departmental enquiry under Rule 16 of Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958. Charges against both of them were same that they disappeared from their patrolling duties. Disciplinary authority awarded penalty of dismissal to both of them. Appeals filed by both of them were dismissed and they simultaneously filed review petitions. Reviewing authority, although dismissed review petition filed by petitioner vide Order dated 16.06.2008, but review' petition filed by co-delinquent Gokulchand was partly allowed vide Order dated 22.09.2006 on ground that penalty of dismissal was disproportionate to
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