MANISH VERMA Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE instant writ petition has been preferred by the petitioner against the order Annex.3 dated 26.4.2010 passed by the disciplinary authority imposing upon the petitioner penalty of stoppage of one annual grade increment without cumulative effect and the order Annex.6 dated 15.12.2011 passed by the appellate authority whereby the order dated 26.4.2010 was upheld. Facts in brief are that the petitioner having been appointed as a Medical Officer in the Department of Medical and Health, State of Rajasthan, was holding the post of Medical Officer, Primary Health Center, Akkasar, District Bikaner in the year 2009. He was served with a memorandum along with a charge -sheet dated 4.6.2009 (Annex.1) under Rule 17 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (for short, referred to herein after as 'the Rules of 1958') issued by the disciplinary authority being the Director (Public Health), Medical and Health Services, Jaipur. The statement of allegations and charge -sheet issued to the petitioner are relevant and material for the disposal of the writ petition and are reproduced herein below for sake of convenience: -

(3.) BY way of the charges levelled against the petitioner, it was alleged that the petitioner in the capacity of Medical Officer, Public Health Center, Akkasar was guilty of frequent absence from the headquarters. Complaints were received regarding him not being available at headquarters. A show cause notice dated 25.9.2008 was issued to the petitioner and he was instructed to remain at headquarters in future but despite that the petitioner continued his negligent attitude towards duties. Thereupon, he was reprimanded in the monthly meetings and block meetings. The petitioner disobeyed the orders/directions of his superiors and was performing his duties in negligent and slack fashion. It was further alleged that by acting in such a manner, the petitioner had disobeyed the orders of his senior officer and did not perform the duties assigned to him properly and failed to provide medical facilities to the rural public and by his adamant attitude, he managed to lower the image of health department in the public at large.