MADAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This intra-court appeal is directed against the order dated 16.03.2005 passed by the learned Single Judge dismissing the writ petition filed by the petitioner challenging the orders passed respectively by the Disciplinary Authority, the Appellate Authority and the Reviewing Authority against him in disciplinary proceedings under Rule 17 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (the Rules).

(2.) The petitioner while working as Lower Division Clerk with the Commandant, 9th Battalion, RAC Tonk was served with charge-sheet dated 06.10.1995 on the allegations that while posted at Force Branch he failed to place the application made by one constable Magna Ram for appearing in competitive examination for recruitment to the post of Assistant Sub-Inspector Police (Intelligence) to the concerned authority despite the office having received the application on 26.07.1995 causing serious loss to the said applicant. The petitioner in his reply did not deny receipt of such application on 26.07.1995 but took the stand that at the relevant time, he was looking after dispatch and maintenance of other registers and of emergent nature work; but the clerk concerned Shri Laxman Singh was continuously absent and the petitioner had not received any order in relation to his work that continued to remain pending. It was also submitted that the application did not indicate the date of examination nor any circular was received in that relation and the application was received in routine manner and was kept pending in the work of the said clerk. The petitioner also submitted that the applicant ought to have taken care of his application and obtained necessary orders from the Commandant; and that there was no ill will against Magna Ram nor the petitioner was to derive any benefit by retaining such application.

(3.) The Disciplinary Authority after considering the record of the case found the petitioner to be guilty of gross negligence and of dereliction in duty that resulted in depriving a constable from his chances of appearing in examination for higher post causing serious prejudice in his future prospects. The petitioner was, therefore, found guilty and punished with stoppage of one grade increment without cumulative effect by the order dated 30.11.1995 (Annex.3). The Appellate Authority examined the contentions of the petitioner and so also of the Department and agreeing with the findings of the Disciplinary Authority, dismissed the appeal by the order dated 03.05.1996 (Annex.4). The Reviewing Authority further considered the entire matter with reference to the contentions of the petitioner and found that from the date of receipt of the application i.e. 26.07.1995 till serving of the notice under Rule 17 on 06.10.1995 the petitioner failed to place the application before the Commandant causing serious loss to the applicant for which the petitioner was directly responsible. The review petition was rejected by the order dated 23.10.1997 (Annex.5).