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2017 Supreme(Raj) 862

SANJEEV PRAKASH SHARMA
Keshav Dev S/o Sh. Hargyan Singh – Appellant
Versus
State of Rajasthan, through Home Secretary – Respondent


Advocates Appeared:
For the Petitioners: Mr. D.G. Chaturvedi with Mr. Anurodh Chaurvedi.
For the Respondent: Dr. A.S. Khangarot.

JUDGMENT :

Sanjeev Prakash Sharma, J.

1. Petitioner, by way of this writ petition, has prayed to quash and set aside the enquiry report dated 21.08.2001, punishment order dated 17.05.2003, appellate order dated 03.11.2003 and the review order dated 10.08.2007 thereby holding the petitioner guilty of the charges levelled against him, dismissing him from service and rejecting the departmental appeal as well as the review petition affirming the order of punishment.

2. Brief facts, which have come on record, are that the petitioner was appointed as a Constable in 5th Battalion of RAC. A departmental enquiry was initiated against him under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 [hereinafter referred to as CCA Rules of 1958]. The Adjutant, 5th Battalion of RAC submitted enquiry report on 21.08.2001 and found the charges levelled against the petitioner as proved. The allegations against the petitioner were that he had submitted forged certificate regarding his age and it was alleged that the actual date of birth of the petitioner was 24.07.1970 while the certificate mentioned the date of birth as 08.11.1976 and he had already crossed the maximu












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