S.S. BHATNAGAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner who was working as Secretary in the Krishi Upaj Mandi Samiti, Sri Ganganagar was proceeded against in a disciplinary action under Rule 17 of the CCA Rules, 1958 and by the impugned order Annex. 2 dtd. 6.12.1994, which has been upheld by the Appellate Authority and the Reviewing Authority was saddled with the punishment of stoppage of two grade increments without cumulative effect under Rule 17 of the CCA Rules, 1958. The charge or allegation against the petitioner was that while working as Member -Secretary of the competent Committee of 4 persons including the Dist. Supply Officer, Administrator of the Mandi Samiti, President of Mandi Samiti for allotment of one shop in question in place of following the guidelines of the State Government in the circular dtd. 29.11.1991, the said Committee allotted the shop to one person in accordance with the earlier merit list prepared on 11.8.1987 in view of filing of writ petition by the said firm M/s. Babu Lal Pawan Kumar, which writ petition No. 1786/1992 was however dismissed as infructuous on 1.8.1993 in view of subsequent re -application by the said firm for allotment of the shop under the new policy decision of the State Government. The petitioner working as Member -Secretary was issued the charge -sheet under Rule 17 on the ground that instead of following the applicable policy decision dtd. 29.11.1991, he did not allow such allotment to be made to said firm at the relevant point of time and the said firm was made to agitate the issue before this Court on the basis of merit list prepared earlier on 11.8.1987 and therefore, for alleged misconduct by him, he was proceeded against under Rule 17 and ultimately, the aforesaid punishment of stoppage of two grade increments without cumulative effect was imposed upon him.

(2.) MR . M.R. Singhvi, Sr. Advocate assisted by Mr. Hukam Singh urged that the petitioner had no authority to decide the issue for allotment of shop in question and the said decision was taken by the competent Committee constituted by the Dist. Collector under the relevant Rules and in view of various orders passed by this Court in the writ petition filed by the said firm, the allotment was refused there is no allegation against the petitioner that he failed to discharge his duties as a Member -Secretary of the said Committee and in absence of any 'misconduct' committed by him during this process, he could not have been issued the said charge -sheet under Rule 17 of the CCA Rules, 1958 and whereas all the three authorities below upheld the said order of punishment of stoppage of two grade increments.

(3.) HAVING heard the learned counsels for the parties, this Court is of the opinion that it is not at all a case of any 'misconduct' on the part of the petitioner, who was working as Member -Secretary of the Committee, which was competent body to take suitable decision in regard to the allotment of shop in question. Whether the earlier merit list or the new order of 29.11.1991 were to be followed was a matter of consideration by the competent Committee and the Member -Secretary alone could not take any decision in this regard and his duties could only be expected to present the relevant record before the Committee concerned, which decided the matter as a joint body. For such decision, the responsibility is cast upon the Committee concerned and the petitioner cannot be held guilty of any 'misconduct' particularly on the issue like as to whether the later decision of the State Government for preparation of fresh merit list taken on 29.11.1991 alone could be made applicable in such allotment process especially when the matter was subjudice before this Court. The punishment imposed on the petitioner is found to be illegal and deserves to be quashed.