RAM BILAS SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner under Article 226 of the Constitution of India against the respondents with the prayer that the order dated 21. 9. 1988 (Ex. 6 to the writ petition) by which punishment was awarded to the petitioner by the Disciplinary Authority be declared illegal and be quashed and the petitioner be granted all consequential benefits as if no such order dated 21. 9. 1988 (Ex. 6) was ever passed against the petitioner.

(2.) IT arises in the following circumstances :- The petitioner was Junior Engineer in the Irrigation Department and through Memorandum dated 15. 12. 1983 (Ex. 1), the statement of allegations and charges were served upon the petitioner. The petitioner was facing enquiry under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (hereinafter referred to as "the CCA Rules" ). The Enquiry Officer submitted his report to the respondent No. 1 on 7. 10. 1987, but the copy of the enquiry report was not given to the petitioner. The Enquiry Officer recorded the findings that no charges were at all proved against the petitioner and this fact was made known to the petitioner when he got the certified copy of the enquiry report and the same is marked as Ex. 9. The Disciplinary Authority to whom the enquiry report was submitted did not agree with the findings recorded by the Enquiry Officer and the Disciplinary Authority came to the conclusion that the charges levelled against the petitioner were proved and, therefore, the Disciplinary Authority vide order dated 21. 9. 1988 (Ex. 6) imposed the punishment of withholding of five annual grade increments with cumulative effect on the petitioner and in this writ petition, mainly that order of punishment dated 21. 9. 1988 (Ex. 6) has been challenged by the petitioner.

(3.) THE learned counsel for the respondents has not controverted the above facts and position of law.