MAHARAJ SINGH Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This intra Court appeal is directed against the order dt. 13th September, 2001 passed by the learned Single Judge of this High Court whereby he has dismissed appellant's SB Civil Writ Petition No. 3532/2001. The appellant while working on the post of Assistant Engineer was served with a charge sheet dt. 24th March, 1994 alleging that he made excess payment to a contractor of the work done. The appellant denied the charge but since his reply was not found to be satisfactory, a departmental enquiry was initiated against him. In the departmental enquiry, various witnesses were examined and documents were produced. The Disciplinary Authority however, held the charge proved against the appellant and imposed a penalty of stoppage of 10% of pension payable to him for five years and also to recover Rs. 19,185/ - from him as the loss caused to the State. This punishment was imposed under Rule 7 of the Rajasthan Civil Services (Pension) Rules, 1996. Aggrieved, the appellant filed SB Civil Writ Petition No. 3532/2001 and challenged the validity, propriety and findings of the disciplinary enquiry on various grounds but the learned Single Judge dismissed the appeal solely on the ground that High Court is not the Court of appeal and cannot interfere with the finding of disciplinary enquiry.

(2.) From a perusal of the order passed by the learned Single Judge we find that neither the facts are mentioned nor the grounds raised by the appellant have been referred and dealt with. Even what was the charge against the appellant is also not mentioned. The order is apparently cryptic which cannot be allowed to sustain.

(3.) We, accordingly, set aside the order of the learned Single Judge and remand the matter for its afresh decision on merits. With the above direction the appeal is, allowed.