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2006 DIGILAW 2257 (RAJ)

Nahar Singh Mehta v. State of Rajasthan

2006-07-18

DALIP SINGH

body2006
JUDGMENT 1. - One of the grievances raised by the petitioner is that the petitioner was never ser. ad with the charge-sheet and, therefore, was unable to file his reply and participate in the inquiry and that the orders passed ex-parte should be set aside. 2. The respondents have filed a reply wherein at pars 4 it has been stated as to how the charge-sheet was sought to be served upon the petitioner but on every occasion, the petitioner could not be served for various reasons as set out in the said paragraph. It is then submitted that for the date 25.1.1986, the notices were issued on 9.1.1986 through the S.H.O. Police Station, Arai and that the said notices were served by affixation. 3. It is submitted by learned counsel for the petitioner that such services cannot be treated as sufficient service as neither the petitioner nor any member of the family was residing at the said address at the relevant time when the notices dated 9.1.1986 were served. 4. The petitioner has also raised other grievances and objections with regard to the inquiry. 5. In the facts and circumstances, without going into the other questions which have been raised by the petitioner, I deem it just and proper to set aside the impugned order passed by the Deputy Registrar as the rules of natural justice have not been complied with and the order of the Appellate Authority also and direct that the petitioner shall appear before the Deputy Registrar, Cooperative Societies, Ajmer who passed the order Annexure-2 against the petitioner which has been set aside here in above and receive a copy of the charge-sheet from the Deputy Registrar. 6. The petitioner will appear before the Deputy Registrar on 1.8.2006 and receive a copy of the memorandum of charges. After the receipt of the charge-sheet by the petitioner, the petitioner would be entitled to file his reply to the charges on the date to be fixed by the Deputy Registrar and the inquiry, if necessary, would be held in accordance with law thereafter. In case, any inquiry is found to be necessary, the same shall be completed within six months. 7. the impugned orders Annexures-2, 3 and 4 are consequently set aside. The writ petition as well as the stay application stand disposed of, as indicated above.Writ petition and Stay application disposed of as above. *******