PRADEEP GOYAL Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) Instant petition has been filed assailing the order inflicting penalty upon the petitioner of withholding of two grade increments with cumulative effect vide order dt.28.04.2007 in an enquiry initiated u/R.17 of the CCA Rules, 1958.

(2.) Counsel for petitioner submits that in the light of judgment of the Division Bench of this Court in Krishna Dutta Sharma v. State of Rajasthan, [RLR 1987 (I)346] wherein it has been held that withholding of increment with cumulative effect is a major penalty which could have been inflicted only after holding enquiry u/R.16 of the CCA Rules,1958. In the instant case the penalty imposed upon the petitioner of withholding of two grade increments with cumulative effect being a major penalty could not have been inflicted upon without initiating inquiry u/R.16 of the CCA Rules,1958 and the order of inflicting penalty impugned herein is not sustainable and deserves to be quashed. He has further tried to persuade this Court that even on merits the allegations levelled against the petitioner are not sustainable and the finding recorded in the enquiry held u/R.17 is not tenable and that too deserves to be set aside.

(3.) Counsel for respondent submits that ample opportunity of hearing was afforded to the petitioner after the notice u/R. 17 of the CCA Rules,1958 being served and since the reply was not found to be satisfactory and no reasonable justification came forward, he was held guilty and penalty (supra) was inflicted upon him under order impugned and no error has been committed while following the procedure provided under Rules,1958.