RAKESH KUMAR NIGAM Vs. DISTRICT JUDGE, DEHRADUN

JUDGEMENT

(1.) In a disciplinary proceedings held by the District Judge, Dehradun for a set of allegation levelled against the petitioner and another person namely Sudhir Kaushik, the charge levelled against them, what was proved against them on the conclusion of the final disciplinary proceeding was that these two persons were held to be made responsible for misplacement of the records of Suit No. 10 of 1983.

(2.) After providing due and adequate show-cause notice to the petitioner as well as to the Mr. Sudhir Kaushik, the District Judge, Dehradun passed the punishment order on 18th November, 2008, whereby the petitioner, as well as Mr. Sudhir Kaushik, both were levied with punishment to be reduced in the pay-scale from Rs. 4000-6000 to a lower grade of pay-scale of Rs. 3050-4590.

(3.) The petitioner with all wisdom which prevailed with him had not invoked the statutory forum available to him against the order of punishment by filing any departmental appeal on an administrative side. While, on the other hand, Mr. Sudhir Kaushik has preferred a departmental appeal, which was dismissed, against which he preferred a writ petition being Writ Petition (S/S) No. 129 of 2011, which too was dismissed by this Court, and the matter travelled to the Division Bench in Special Appeal No. 70 of 2011 at the hands of Mr. Sudhir Kaushik.