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2011 Supreme(Raj) 11

PRAKASH TATIA, ARUN MISHRA
S. N. Derashri – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
J.P. Joshi, for Petitioner;
V.K. Mathur, for Respondent No.2

JUDGMENT

Hon'ble MISHRA, CJ.—Heard learned counsel for the parties.

2. The petitioner has filed this writ petition assailing the order of compulsory retirement passed by the High Court retiring the petitioner compulsorily from service. The petitioner was holding the post of Additional District and Sessions Judge. He was a direct recruit appointed vide order dated 20.4.1998 on a probation period of two years. He was posted as District and Sessions Judge on 30.8.2002. He also held the post of Presiding Officer – Special Judge, Sessions Court, ACD Cases, Kota. While he was holding the post of Special Judge, Sessions Court, ACD Cases, Kota, he was placed under suspension vide order dated 31.5.2003 and a departmental enquiry was contemplated against him. Departmental enquiry was initiated into the allegation of accepting illegal gratification of Rs.15 lakhs from the accused Anandi Lal who was charged with the offence under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988.

3. Yet another memorandum of charge-sheet was served on 10.3.2004 under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 of illegally granting

































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