JUDGMENT :

1. In the instant first appeal, filed under Section 96 of the Code of Civil Procedure, appellant-plaintiff had been a delinquent employee of the Rajasthan State Bharat Scout & Guide (R.S.B.S.G), who was served with a charge-sheet dated 01.12.2008 and after conducting inquiry under the Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter “CCA Rules”), he was removed from service vide Order dated 14.07.2009, which was challenged by the employee before the Appellate Authority but his departmental appeal too was dismissed vide Order dated 12.11.2009, thereafter, he instituted the present civil suit challenging both orders and for seeking his reinstatement in service with all consequential benefits of back wages, seniority and continuity in service. His Civil suit No.06/2010 has been dismissed by the Additional District Judge (Fast Track) No.5, Jaipur City, Jaipur, vide judgment and decree dated 11.05.2011 and thereagainst he has preferred the instant first appeal.

2. Facts of the present case as culled out from record and which are necessary for decision of the instant first appeal, are as under :-

2.1 The civil suit was institut