SATYA NARAIN SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition, the petitioner seeks to challenge the penalty order dated 4-8-1994 whereby three annual grade increments with cumulative effect have been withheld.

(2.) THE facts, in brief, of the case as per the petitioner, are that while working as LDC in Agriculture Marketing Department, the petitioner was served with a charge-sheet dated 30-3-1993 levelling two charges in the matter of overwriting / cutting in gate passes resulting in help to evade market fee and not placing the same on record is in violation of departmental circulars. After issuance of he charge-sheet although inspection was not allowed but reply was submitted, thereafter the enquiry officer was appointed and the enquiry officer without taking any evidence and without further showing the record and hearing the petitioner, submitted his report to the respondent No. 3 - Secretary, Krishi Upaj Mandi Samiti, Alwar. On receipt of enquiry report, the disciplinary authority straightway has passed the order dated 4-8-1994 whereby three annual grade increments with cumulative effect have been withheld. It is stated in the writ petition that withholding of grade increment with cumulative effect is a major penalty, which cannot be imposed unless the procedure under Rule 4 of Appendix-B Discipline & Conduct Rules of the Rajasthan Agricultural Produce Markets (Market Committee Employees) Service Rules, 1975 (in short "the Rules of 1975") is followed. In the instant case, the procedure under Rule 6 dealing with other penalties i. e. minor penalties has been followed, therefore, the impugned order is without jurisdiction.

(3.) COUNSEL for the respondents submitted the penalty prescribed under Rule 1 (ii) will cover the case of the petitioner as withholding of increment include withholding of increment with cumulative effect. But he has further submitted that even if it is to be taken under sub-clause (1) (iii) then also the principle of natural justice have been complied with and Rule 3 & 4 are inapplicable.