LAWS(RAJ)-2014-5-12

ASHOK KUMAR AGARWAL Vs. STATE OF RAJASTHAN

Decided On May 20, 2014
ASHOK KUMAR AGARWAL Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THE petitioner was working as Lecturer in the Government Women Polytechnic College, Bikaner, and a disciplinary enquiry was held against him, however, In the said disciplinary enquiry, the Enquiry Officer did not find charges as proved. The charges levelled against the petitioner were that the computer equipment and other furniture was taken out of the premises of the Institution without permission of the competent authority between the period 09.01.1996 to 22.05.1998 and was purportedly used for having his own coaching classes. The enquiry authority after considering the relevant material placed before it did not find the charges as proved vide the Enquiry Report (Annex.P/4) dated 19.01.2001.

(2.) THE Disciplinary Authority, however, disagreeing with the said findings of the Enquiry Officer imposed the punishment of withholding of two annual increments with cumulative effect under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 vide the impugned order (Annex.P/8) dated 12th September, 2001 and being aggrieved by the same, the petitioner has filed the present writ petition.

(3.) ON the other hand, Mr. Ajeet Singh Shekhawat, Additional Government Counsel, however, justified the impugned order on the basis of same premises that the watchman (Chowkidar) of the Institution did not make any entries in the concerned register for movement of the furniture and computer equipment outside the premises.