RAKESH KATARA S/O LATE SHRI RAM DAYAL KATARA Vs. THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

JUDGEMENT

(1.) The petitioner, a member of Rajasthan Judicial Service, has preferred this petition for writ to challenge the order dated 4.3.2014, communicating the petitioner a resolution undertaken by the Full Court in its meeting dated 15.2.2014. The resolution referred above reads as under:-

(2.) By the same order the resolution undertaken by the Full Court was executed by imposing a penalty of stoppage of two annual grade increments with cumulative effect upon the petitioner.

(3.) Succinctly, facts of the case are that while working as Civil Judge (Senior Division) and Additional Chief Judicial Magistrate, Sikar, the petitioner was served with a memorandum under Rule 17 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as 'the Rules of 1958') and was called upon to explain the allegations of misconduct. A detailed explanation was submitted by the petitioner. Without having any outcome of the memorandum dated 20.9.2005, a memorandum dated 7.7.2011, as per Rule 16 of the Rules of 1958 was served upon the petitioner. By the memorandum aforesaid the petitioner was directed to explain the allegations of misconduct referred in the annexed statement of charges. Suffice to mention that the charges under the memorandum dated 7.7.2011 were similar to the charges communicated under the memorandum dated 20.9.2005. By a communication dated 23.11.2011 the petitioner communicated that the charges being similar to the proceedings initiated under Rule 17 of the Rules of 1958 deserve to be dropped. In alternative, he also made a request to treat the explanation earlier given by him as the explanation pertaining to the charges communicated under memorandum dated 7.7.2011. From perusal of the record it appears that Hon'ble the Enquiry Judge proceeded with enquiry and recorded statements of departmental witnesses. The documents relied upon the department too were taken on record.