RAMESH CHANDRA GUPTA Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) The petitioner Raraesh Chandra was served with a charge-sheet alongwith a statement of allegations dated May 17, 1969 and an enquiry was made against him under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as "the Rules"). Two charges were framed against the petitioner. The first charge was that while the petitioner was working as a Veterinary Surgeon, Incharge of the Veterinary Hospital at Pratapgarh, he charged fees for vaccination of horses from their owners, on Dec. 18, 1966. Charge No. 2 related to the collection of fees for vaccination of horses on January. 12 and 13,1967, from the owners of such horses. It was alleged that in doing so, the petitioner misused his official position.

(2.) The Deputy Commissioner, Departmental Enquiries, Rajasthan, Jaipur, was appointed as the Enquiry Officer, as the explanation submitted by the petitioner in respect of the charge-sheet was considered by the State Government as unsatisfactory. The conclusion arrived at by the Enquiry Officer in his report dated Feb. 12, 1971. may be reproduced in his own words:-

(3.) The main contention advanced by the learned counsel for the petitioner is that the State Government, while imposing the penalty upon the petitioner as well as while deciding the review application, did not give any reasons for holding the petitioner guilty of the charges levelled against him and the Enquiry Officer has not also given any finding at all to the effect that the petitioner realised any amount by way of fees. The submission of the learned counsel is that there was no charge against the petitioner that either he by himself collected any amount by way of contribution for construction of a dispensary building at Arnod or that he helped in the collection of such an amount for building construction and as such the charges framed against the petitioner have not at all been proved and, therefore, the punishment imposed upon him is based on no material or finding.