BHANWAR LAL PAREEK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AN ex parte enquiry was held against petitioner on the charge sheet issued under Rule 16 of Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 by the Collector, Jaipur, as per charge sheet and statement of allegation dated 28. 12. 83 (annexures 1, 2 & 3 ). The SDO, Sambhar was appointed as Enquiry Officer under the Rules. The ex parte findings have been submitted by Enquiry Officer on 30. 5. 84. The Disciplinary Authority, respondent No. 3, the Collector awarded the punishment of withholding of 2 Grade Increments with future effect vide order dated 28. 9. 84 (annexure-6 ). The appeal was filed against the order of punishment to the Chairman Board of Revenue, which was rejected vide order dated 31. 7. 86 (annexure- 7 ). The review application was also dismissed vide order dated 8. 6. 90 (annexure-8 ). Being aggrieved against the orders annexures 6, 7 and 8, the petitioner has preferred the writ petition.

(2.) APART from other grounds challenging the enquiry proceeding, punishment and dismissal of appeal and review application, it has been submitted that no misconduct has been made out against the petitioner. Primarily the petitioner submits for challenging the exparte enquiry, by saying that the ex parte enquiry was held in violation of principles of natural justice as the date so fixed by Enquiry Officer, the petitioner was not informed of the hearing of enquiry, but still the Enquiry Officer had proceeded the enquiry ex parte; This ground has been taken in sub para No. (H) of para No. 9, that is, in grounds of the writ petition.

(3.) ON the proceeding of 20. 4. 84 and 5. 5. 84 it has been noted that the delinquent officer was not present. On 24. 5. 84, it has been noted that the delinquent was not present inspite of intimation of the date on 7. 5. 84. The photo copy of the proceedings of 5. 4. 84, 20. 4. 84, 5. 5. 84 and 24. 5. 84 is taken on record and is also reproduced here under:-