1 S.B. CIVIL WRIT PETITION NO.5126/2006. Bhura Ram Vs. State of Rajasthan & Ors. Date of Order :: 13th December 2007 HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. R.R.C.Gorsia, for the petitioner. Mr. Rameshwar Dave, Dy.G.A., for the respondents. ... Though, by filing this writ petition, the petitioner has claimed the relief of directions to the respondents to take him back on duty and allow him to mark his presence in the office of the respondent No.3 and for quashing of the notice dated 31.03.2006 issued by the Vikas Adhikari, Panchayat Samiti, Bilara; and though the respondents have alleged in their reply that the petitioner has continuously remained absent from duty since 28.06.1996 and that the writ petition has been filed against a show cause notice dated 31.03.2006, however, during the course of arguments, learned counsel for the parties made submissions, more or less ad idem, that for the petitioner having already submitted a reply/representation on 10.04.2006 in response to the said notice, the petitioner would appear before the authority concerned, who would take an objective decision in the matter after extending an opportunity of hearing to the petitioner; and that the said decision would be taken before the end of this month for the petitioner approaching the age of superannuation. 2 In view of the submissions made by the learned counsel for the parties, it does not appear necessary to decide the matter on merits in this writ petition and, instead, the authority concerned should pass appropriate order after hearing the petitioner and permitting him to make all the relevant submissions. In view of the aforesaid, this writ petition is partly allowed to the extent indicated above. The petitioner is permitted to appear before the Block Development Officer, Bilara, District Jodhpur on 17.12.2007 and is also permitted to make further additional submissions before the authority concerned; and the authority shall pass appropriate orders on the reply submitted by the petitioner and the representation made or to be made by the petitioner strictly in accordance with law. It needs no reiteration, as assured by the learned Deputy Government Advocate, that the matter shall be brought to finality before the end of this month. No costs. (DINESH MAHESHWARI), J. Mohan