GOVIND LAL SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner, by this petition seeks to challenge the order Annexure-9 and 11, whereby he has been given punishment of withholding of one grade increment with cumulative effect, consequent upon departmental enquiry, and that order has been upheld in appeal.

(2.) The facts of the case are, that the petitioner was appointed as Patwari, vide order dt. 4.7.1983, and was served with a charge sheet about having got allotted 7 bighas of land in his name, and thereby having committed misconduct. The supplementary charge-sheet was served on the petitioner alleging that while receiving training he got the land allotted in his name, showing himself as landless person, and being bonafide agriculturist, whereas the land was not in his possession, and thus he got allotted the land by projecting wrong facts. The two authorities below found the charges proved, and imposed the aforesaid punishment.

(3.) The contention of the learned counsel for the petitioner is, that during the period 15.7.1982 to 16.4.1983, the petitioner was only under training, and thus was a student, to whom the C.C.A. Rules were not applicable, and that there was no restriction on the students to carry on the agricultural operations, that the application was made by his colleague Nandlal, and that the question as to whether the petitioner was in possession of land or not, does not effect the eligibility of the petitioner to get the land allotted, as the allotting authority had taken decision for allotment only after the application was received through proper channel, and thorough scrutiny, and all necessary enquiries, and therefore, there is no question of his making any false, or incorrect statement. Another submission made is, that the proceedings for cancellation of allotment have already been terminated in favour of the petitioner, and therefore, also the impugned orders are liable to be quashed.