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2006 Supreme(Raj) 2311

P.S.ASOPA
Gopi Ram Goyal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
A.K. Sharma with Mukesh Kumar Meena, for Petition H.V. Nandwana, Dy. GA for State

Honble ASOPA, J.–By this writ petition, the petitioner has challenged the penalty order dated 31.7.1991 (Annexure 9) as well as order passed on 15.1.1993 (Annexure 11) whereby review petition submitted to the Governor has been dismissed being barred by time.

(2). While working as Superintending Engineer, the petitioner was served with a charge sheet under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (hereinafter referred to as the `Rules of 1958) vide memorandum dated 23.8.1986 for supervisory negligence over Mr. N.C. Garg, JEN and V.N. Sharma, Sub Engineer for the period of his working as Executive Engineer. The petitioner submitted a detailed reply to the charge sheet which was examined and the said enquiry was converted into one under Rule 17 of the Rules of 1958 vide order dated 14.10.1990. Thereafter, after hearing the petitioner, punishment of censure was imposed vide order dated 31.7.1991 (Annx. 9) even after finding that though the petitioner who was charged with the responsibility for violation of Rules 70-75 of the PWF & AR is not proved, but was responsible for supervisory negligence under Rules 75-79 of the PWF & AR.

(3). Against


























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