MOHD. IQBAL Vs. DIVISIONAL COMMISSIONER, JODHPUR

JUDGEMENT

(1.) This intra Court appeal has been filed by the appellant, a Nayab Tehsildar, aggrieved by order dt. 08.11.2012 passed by learned Single Judge, whereby, the writ petition preferred by the appellant was dismissed in limine. The facts in brief are that the Collector, Sirohi exercising powers under Rule 17 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 ('Rules of 1958') initiated a disciplinary action against the appellant vide memorandum dt. 27.06.2011. The appellant was charged for negligence in discharging his duties while dealing with the matters relating to encroachments. In the statement of allegations, it was indicated that the appellant failed to take effective steps and that he was not serious towards the matters pertaining to encroachments and, wherever action was taken, the same was done only with a view to prove the possession of the encroachers on the public land.

(2.) On receipt of the memorandum dt. 27.06.2011, the appellant requested for inspection of certain documents, which was permitted. However, despite repeated directions to file reply, when no reply was filed, the disciplinary authority by order dt. 14.12.2011 held the appellant guilty of misconduct and found him negligent in discharge of his duties. Accordingly, a penalty of withholding of one annual grade increment without cumulative effect was imposed.

(3.) Aggrieved by the order passed by the disciplinary authority, an appeal under Rule 23 of the Rules of 1958 was filed before the Divisional Commissioner, Jodhpur, who vide his judgment dt. 09.07.2012 upheld the order dt. 14.12.2011 passed by the Collector, Sirohi and dismissed the appeal.