JAGDISH PRASAD MEENA Vs. DIVISIONAL COMMISSIONER AJMER

JUDGEMENT

(1.) THE petitioner has challenged orders dated 15. 11. 86 (Ex. 1) and 18. 10. 89 (Ex. 3 ). By the first order the Collector (Land Records), Tonk has imposed a penalty of stoppage of one grade increment with cummulative effect and by the second order of appeal filed by him against the order of punishment has been dismissed by the Divisional Commissioner.

(2.) THE petitioner was served with a memorandum dated 16. 8. 80 by the Collector, Tonk for inquiry under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal), Rules, 1958. He submitted a reply to the charge sheet. Sub-Divisional Officer, Malpura was thereafter appointed as Inquiry Officer. On the basis of inquiry held by the Sub-Divisional Officer, Malpura the Collector Tonk passed the order dated 15. 11. 86 and imposed penalty of stoppage of one grade increment with cummulative effect in respect of charge which was held proved against the petitioner. THE petitioner has stated that a first information report (FIR) was also lodged against him and two others under Sections 420, 467, 468 and 120-B of the Indian Penal Code but the police found that no case was made out against the petitioner.

(3.) IN Tej Karan Jain's case (supra) it has been held that under Rule 16 (10) as it stands amended by notification dated 21. 6. 83 also it is obligatory for the disciplinary authority to give a copy of the inquiry report and to give him an opportunity or representation to the delinquent before any of the penalties specified in Rule 14 (iv) to Rule 14 (vii) can be imposed on a delinquent.