Sabyasachi Mukherjee JUDGMENT
E.S. Venkataramiah and Sabyasachi Mukherjee, J.
1. This is an appeal by special leave granted by this Court against the order dated 7th April, 1972 of the High Court of Judicature for Rajasthan, at Jodhpur, in Special Appeal No. 74 of 1972. The High Court of Rajasthan Jodhpur in the said appeal refused to interfere with the order of the learned single Judge of that High Court. The learned single judge had dismissed the writ petition of the appellant challenging the order of termination of his services.
2. The appellant was an employee of the Rajasthan Government and was appointed as returning officer to conduct Panchayat elections at Sardi in Panchayat Samiti Ladnun in the district of Nagpur held in the month of December, 1960. At that time, the appellant was working as Superintendent, Sheep & Wool, Nagpur. The election was to take place on 26th December, 1960 and the date for submission of nomination forms was 25th December, 1960. Four persons, namely, Shri Chaturbhuj, Shri Purna Ram, Shri Jiwan Ram and Shri Jiwan Dass filed their nomination forms. The nomination paper filed by Shri Chaturbhuj was alleged to have been found incomplete and it was, therefore, rejected. The nomination paper was said to be defective for the following reasons -
(i) In the opening line the Ward Number was not filled in and the space provided therefore was left blank ;
(ii) In the second line out of the words Panch Sarpanch one of the two was not struck out; so that there was no indication whether the nomination was for the office of Panch or that of Sarpanch.
(iii) In the third line of the blank space again intended to specify the office, the said Chaturbhuj had filled in his own name thus instead of stating that he was proposing himself as candidate for the office of Panch or Sarpanch, it was found that he was proposing himself as Chaturbhuj.
(iv) At the end of sub-paragraph (1) containing a declaration by the candidate as to his qualifications the said Chaturbhuj did not strike off one of the two words Panch/Sarpanch.
3. In view of the above, the nomination paper was rejected. Shri Jiwan Dass and Shri Jiwan Ram withdrew their candidature and Shri Purna Ram was left alone in the field and was, therefore, elected to the office of Sarpanch.
4. On the 2nd July, 1965, the government of Rajasthan informed the appellant that an enquiry was proposed to be held against him on charge which was as follows :
That the said Shri Sawai Singh, while functioning as District Sheep & Wool Officer, Nagaur, during the year 1960 was appointed as Returning Officer to conduct Panchayat Election at Sardi in Panchayat Samiti Ladnun in the month of December, 1960. That the said Shri Sawai Singh showed undue favour to one of the contesting candidates Shri Purna Ram. He manipulated the withdrawal of Shri Jeewan Dass a dummy candidate of Shri Chaturbhuj who was contesting candidate against Shri Purna Ram. The said Shri Sawai Singh committed forgery by effecting erasion in the word "panch" on the nomination paper of Shri Chaturbhuj and malafidely and improperly rejected his nomination form.
5. The statement of allegations was also sent alongwith the forwarding letter and it was mentioned in the said statement as follows :
4. Shri Sawai Singh manipulated the withdrawal of Shri Jeevan Dass a dummy candidate of Chaturbhuj by cheating.
5. He further committed forgery by effecting erasion in the word 'panch' on the nomination paper of Shri Chatur Bhuj and malafidely and improperly rejected the nomination form of Chaturbhuj and ther........