KANHIYA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This special appeal is directed against the order of learned Single Judge dated 28.9.1989 in SBCWP No.3094/89 dismissing the writ petition of the appellant.

(2.) The appellant had filed the writ petition challenging the order dated 22.4.1987 by which punishment of stoppage of two grade increments with cumulative effects was awarded, and the order dated 3.1.1989 by which his application for review of the punishment was dismissed.

(3.) The appeal is fit to be allowed on a short point and it is not necessary to set out the facts of the case in details. Suffice it to say that on 28.1.1984, departmental proceeding under rule 16 of the Rajasthan Civil Services(Classification, Control and Appeal)Rules, 1958 (in short, the 'CCA Rules') was initiated against the appellant by the State Government. The order was issued by the Deputy Secretary, Department of Personnel, Government of Rajasthan, in the name of the Governor. The order was accompanied by the statement of impartation and charge-sheet. As per the charge-sheet, the appellant had caused disappearance of records of two assessees namely M/s. Ramlal Radheyshyam, Sardar Sahar and M/s. Bhishanlal Ram Kumar, Sardar Sahar during his tenure as Senior Clerk in the office of Commercial Taxes Officer, Ward-A at Churu. On 13.12.1984, order was passed for joint enquiry. The order stated that the Governor was of the view that proceedings have been initiated against three persons namely Shri Ram Singh and Deen Dayal, Senior clerk and Junior clerk respectively, besides the appellant, with respect to the same incident, and it would be appropriate to hold joint enquiry under Rule 18 of the CCA Rules.