SHYAM SUNDER SHARMA S/O SHRI MOTI SHANKAR SHARMA Vs. STATE OF RAJASTHAN THROUGH ITS SECRETARY DEPARTMENT OF EDUCATION, SECRETARIAT, JAIPUR

JUDGEMENT

(1.) The petitioner is aggrieved of the order of penalty passed on 13/19-10-2000 following a departmental enquiry under Rule 17 of the Rajasthan Civil Services (Classification, Control and Appeals) Rules, 1958 (hereinafter 'the Rules of 1958') whereby he has been visited with a penalty of recorded warning as also the affirming appellate order dated 28-3-2003.

(2.) Mr. Rajvir Sharma, counsel for the petitioner submits that the penalty of "recorded warning" which has been visited upon the petitioner following a Rule 17 of the Rules of 1958 enquiry has not been set out in Rule 14 of the Rules of 1958. Hence the impugned orders are liable to be set aside and quashed.

(3.) Mr. Sanjay Sharma, GC appearing for the State submits that the order of recorded warning followed a departmental enquiry in which the petitioner was found guilty even though a "recorded warning" is indeed not set out in Rule 14 of the Rules of 1958 as a penalty. He submitted that in any event there is no potential of prejudice to the petitioner from the recorded warning in his service book as it is in law not "punishment" and it would have no bearing on his career on the issue of selection grade and promotion.