1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.6501/1994. : : Dr. S. R. Bhandari Vs. State of Rajasthan & Ors. : : Date of Order :- 17.3.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Virendra Lodha for the petitioner. Mr. Zakir Hussain, Addl.Govt.Counsel for the State. **** BY THE COURT:- Heard learned counsel for the parties. 2. This writ petition has been preferred by the petitioner against the order of his removal dated 31.5.1993 consequent upon charge of his willful absence from 26.9.1984 to 16.10.1989 proved against him. This Court admitted the writ petition on the limited question of quantum of punishment. 3. Shri Virendra Lodha, learned counsel for the petitioner argued that petitioner had initially proceeded on sanctioned leave from 27.8.1984 to 24.9.1984. He due to family circumstances could join the duties late. Disciplinary enquiry was started against him ex-parte because while the disciplinary proceedings were going on, petitioner after 2 attending proceedings was going back to his native place in a bus, which met with an accident on 18.10.1999 and resultantly petitioner suffered multiple fractures and was subjected to operation and remained confined to bed for number of months. On the question of quantum of punishment, learned counsel argued that gravity of charge that has been proved against petitioner did not justify for his removal from service. Learned counsel cited examples of Dr. Dalpat Singh Choudhary, Dr. S.K. Pathak, Dr. K.C. Somani, Dr. B.P. Kalani, Dr. Basant Gupta, Dr. P.N. Mootha and Dr. Shashi Gupta and submitted that all these doctors went abroad to earn their livelihood and that they were also similarly charged for willful absence for number of years yet none of them was awarded penalty of removal and lesser penalty of stoppage of three annual grade increments was awarded to most of them. Learned counsel in support of his arguments relied on judgments of Supreme Court in Anand Regional Cooperation Oil Seeds Growers Union Ltd., Vs. Shailesh Kumar Harshad Bhai Shah : 2006 (6) SCC, 548, State of Gujarat Vs. Anand Acharya @ Bharat Kumar : 2007 (9) SCC, 310 and Akhailesh Kumar Singh Vs. State of Jharkhand & Ors. : 2008 (2) SCC, 74 and argued that discrimination in the matter of awarding 3 penalty on similar charges against delinquent in different enquiries can also be a ground for interference by this Court. 4. Learned counsel in alternative submitted that since petitioner was member of state service, only other remedy available to him was to file a review petition before His Excellency of the State and that he may be now permitted to approach His Excellency of the Governor to assail the correctness of impugned order of removal. 5. Shri Zakhir Hussain, learned Additional Government Counsel opposed the writ petition and submitted that this Court admitted the writ petition only on the limited question of quantum of punishment and as such enquiry proceedings cannot be revived and petitioner cannot now be granted liberty to assail quantum of punishment. 6. In the facts and circumstances of the case, I see nothing objectionable in permitting the petitioner to even now approach the Governor of the State by filing appropriate review petition under Rule 34 of Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 only on the quantum of punishment agitating the arguments of discrimination on the authoritative pronouncement of various Supreme Court judgments relied by him. 4 In the result, this writ petition is disposed of with liberty to petitioner to file a review petition before the Governor of State under Rule 34 of Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958. It is also observed that, if any, review petition shall now file within 45 days, delay would not be an impediment for its disposal on merits. It is expected that such review petition shall be disposed of as expeditiously as possible keeping in view that order of penalty was passed as far back 31.5.1993. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.H/3.