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IN THE HIGH COURT OF JUDICTURE FOR RAJASTHAN AT

JODHPUR.

O R D E R

Gautam Chand Jain. Versus RIICO Ltd. & Anr.

S.B. Civil Writ Petition No. 7472/2006

...

Date of Order:

May 09, 2007

PRESENT

HON'BLE MR. JUSTICE H.R. PANWAR

Dr. P.S. Bhati, for the petitioner.

Mr. Vinit Kumar Mathur, for the respondents.

BY THE COURT:

Reportable.

By the instant writ petition under Article 226 of the

Constitution of India, the petitioner seeks quashing of the order

Annx.9 dated 2-5-2005 and Annx.10 dated 2-12-2006.

The facts and circumstances giving rise to the instant

writ petition are that the petitioner was initially appointed on the

post of Assistant Site Engineer with the respondents on

5.11.1977 and since then he has been serving with the

respondents having absolutely unblemished service career as

according to the petitioner, during his whole service tenure for

the last thirty years, he had never been served with any charge-

sheet or imposed any minor or major penalty. The petitioner

has been promoted to the post of senior Regional Manager by

the respondents in the year 2001. While the petitioner was

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discharging the duties and functioning as the Senior Regional

Manager with the respondents at Jodhpur, he was issued with a

memorandum of charges (Annx.1) on 13-11-2002 under rule 11

(B) of the Rajasthan State Industrial Development and

Investment Corporation Limited Employees (Classification,

Disciplinary Action Act & Appeal) Rules, 1979 (for short, “the

Rules of 1979” hereinafter). The memorandum of charges

Annx.1 contains as many as four charges, which read as under:-

“ Charge No.(1):

That Shri G.C. Jain while

functioning as Regional Manager in Jodhpur Unit

allowed compounding of unauthorised structure

measuring 620.57 sq. mtr for commercial purpose,

in front set back (southern side) of industrial plot

No.27-A allotted to M/s Kamla Industries at Light

Industrial Area, Jodhpur, at concessional rates on the

basis of Circular No.IPI/P-6/C/111 dated 21-11-

2000. No commercial activity was being carried out

in the plot prior to 31-10-2000. The unauthorised

construction compo9unded by Shri Jain was being

used for only industrial purposes as on the above

date. Moreover, unauthorised construction in front

set back considered for compounding by Shri Jain for

commercial purposes did not exist at site as per the

reports dated 3-4-2000, 9-8-2000 and 25-9-2000.

The unauthorised construction in question is said to

have been demolished just after it was compounded

as per site report dated 30-10-2001. The land

measuring 620.57 sq. mtr was thus converted for

commercial purposes by Shri Jain and new

construction for commercial purpose was allowed in

front set back on the basis of Circular No.IPI/P-

6/2/C/111 dated 21-11-2000.

It was the duty of Shri Jain to recover the conversion

charges at three times the prevailing industrial rate

from the party as per office order No.IPI/P-6/2k/111

dated 21-11-2000. But he did not recover the same

from the party.

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The aforesaid act of the said Shri Jain tantamounts

to willful flouting of the prevailing policy of the

Corporation and misrepresentation of facts for

extending undue favour to the party thereby causing

loss to the Corporation. The aforesaid irregularities

committed by Shri Jain caused pecuniary loss of

Rs.7,44,684/- to the corporation. He is also

responsible of negligent attitude towards the

discharge of his duties for which disciplinary action is

required against him under RIICO Empoyees

(Classification, Disciplinary Act & Appeal) Rules,

1979.

Charge No.2: That Shri G.C. Jain while functioning

as Regional Manager in Jodhpur Unit allowed

compounding of unauthorised structure measuring

1070.21 sq. mtr for commercial purpose in front set

back of industrial plot No.27 allotted to M/s Mool

Chand Sujan Mal & Company,