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2006 DIGILAW 1115 (RAJ)

Ashok Kr. Kulshrestha v. State of Rajasthan

2006-04-07

ASHOK PARIHAR

body2006
JUDGMENT 1. - Petitioner was communicated with adverse entries for the year 1994-95 vide order dated 15.4.1996. The representation made by the petitioner against the above adverse entries has been rejected vide order dated 21.1.1998. The adverse entries are in regard to integrity of the petitioner been treated as doubtful on the basis of some incident occurred in March, 1995. As per material available on record, which has also not been disputed by the respondents, for the same incidence of March, 1995 the petitioner has also been issued a charge sheet under Rule 16 of the CCA Rules vide memorandum dated 8.6.1998. However, after holding a regular inquiry, the petitioner has been exonerated of the charges levelled against him vide order dated 30.5.2000. 2. After having carefully gone through the material on record as also the orders referred above, since adverse entries are only on the basis of incidence of March, 1995 and petitioner already having exonerated of the same allegation after holding a regular inquiry under Rule 16 of the CCA Rules, in my opinion, adverse entries for the year 1994-95 cannot be sustained in the eyes of law. 3. Accordingly, the writ petition is allowed. The impugned order dated 15.4.1996 is quashed and set aside and the adverse entries for the year 1994-95 are also ordered to be expunged.Writ petition allowed - Entries quashed. *******