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2011 Supreme(Raj) 66
[Citation : 2011(2) RLW 1499 (Raj.)]
(Rajasthan High Court)
LRs. of late Bhawani Shankar Gaur Vs. State of Raj. (Vyas, J.)
HON'BLE GOPAL KRISHAN VYAS, J.
LRs of late Bhawani Shankar Gaur
Versus
State of Rajasthan & Ors.
S.B. Civil Writ Petition No.1028 of 1999, decided on 25.01.2011
Harish Purohit, for Petitioners;
Yashpal Khileri, Dy. Govt. Counsel
Headnote:Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, Rule 16 — Disciplinary authority passed order for dismissal from service — Statutory authority is required to follow the procedure laid down in the rules for taking disciplinary action — Enquiry officer not given any adverse finding not did give any finding that the charges are proved — Disciplinary Authority taken different view without assigning any reasons or without communicating the reasons for disagreement — Held — Order of dismissal from service is in violation of Art. 21 and principles of natural justice — Order of dismissal quashed — Treated to be in service untill the age of superannuation with all consequential benefits — Legal representatives are entitled to receive his retiral benefits.
Writ petition allowed. (Paras 20 to 23)
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Hon'ble VYAS, J.—This writ petition was filed by late Bhawani Shankar Gaur, in which, it is prayed that entire record pertaining to the disciplinary proceedings initiated against the petitioner under memorandum dated 26.07.1986 may be called for and the same may be reviewed judicially and charge-sheet itself may be declared unjust and arbitrary and same may be quashed. Further, it is prayed that the order dated 28.08.1989 (Annex.-8) passed by the Disciplinary Authority and order dated 09.03.1999 (Annex.-10) passed by the appellate authority may be declared illegal and same may be quashed and set aside with all consequential benefits.
2. After filing this writ petition in the year 1999, petitioner Bhawani Shanker Gaur died on 11.10.2005 at Chittorgarh. After his death, an application was filed by the legal representatives of late Bhawani Shankar for taking them on record to pursue this case. The application filed by the legal representatives was allowed vide order dated 21.02.2006 by the co-ordinate Bench of this Court and legal representatives of deceased Bhawani Shanker Gaur were taken on record and, thereafter, amended cause-title was filed which is on record.
3. According to facts of the case, late Bhawani Shanker entered in the government service as Compounder with effect from 01.09.1969. Late Bhawani Shanker was placed under suspension vide order dated 01.02.1980 under the orders of the Director, Medical & Health Department, Government of Rajasthan, Jaipur in contemplation of disciplinary proceedings against him. For years together, however, after placing late Bhawani Shanker under suspension, no disciplinary proceedings was initiated. Number of representations were filed by him for revoking his suspension order, so also, to revise his subsistence allowance.
4. The Director, Medical & Health Department served a memorandum under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (in short, referred to hereinafter as “the Rules of 1958”) along with statement of allegation. In the charge-sheet issued on 26.07.1986, three allegations were levelled against late Bhawani Shanker Gaur. A detailed reply to the charge-sheet was submitted by late Bhawani Shanker, in which, he denied all the allegations levelled against him and furnished explanation in quite unambiguous terms and explained away his position. The Disciplinary Authority by its order dated 01.10.1986 appointed Dr. P.C. Datta as inquiry authority to make probe with regard to allegations levelled against the petitioner.
5. In the inquiry, upon application filed by late Bhawani Shanker, defence nominee was also provided and, thereafter, the inquiry authority conducted the inquiry but in a very vague manner and concluded the same in flagrant manner in 1986. In the inquiry, on 18.06.1987, statements of two departmental witnesses were recorded and, on the same day, statement of Bhawani Shanker was recorded and no further opportunity was given to Bhawani Shanker.
6. Late Bhawani Shanker Gaur received a show-cause notice on 31.05.1989 from respondent No.2 Director, Medical & Health Department, Government of Rajasthan, Jaipur, in which, he was directed to show cause as to why he should not be dismissed from service being found guilty for misconduct by the inquiry authority. The inquiry report and show-cause notice have been placed on record at Annex.-5.
7. Case of the petitioner is that no finding was given by the inquiry authority that the petitioner is guilty for any misconduct and simply made a recommendation for reinstatement of the petitioner in service and gave the finding that petitioner is liable to be punished for the loss caused due to inadvertence on his part and no misconduct has been proved against him. Upon receiving such inquiry report and show-cause notice, explanation was filed by late Bhawani Shanker and it is specifically stated that he is not at all guilty for misconduct, therefore, he may be exonerated from the charges l
