LAXMI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in this appeal is to the order dated March 13, 1997 of the learned Single Judge whereby the prayer of the appellant seeking quashing of the orders of Commissioner Excise Department (Disciplinary Authority) dated June 7, 1991 and Deputy Secretary Department of Finance (Appellate Authority) dated August 20, 1993 was declined and directions issued vide those orders in regard to removal of appellant from the services were affirmed.

(2.) CONTEXTUAL facts depict that charge sheet was issued to the appellant vide memo dated October 18, 1986 under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeals) Rules,1958 and inquiry was initiated against the appellant on the following charge:- *** On completion of inquiry the Disciplinary Authority imposed punishment on the appellant by removing him from service. The order of Disciplinary Authority was affirmed in appeal by the Appellate Authority.

(3.) IN State of Rajasthan vs. Mohammad Ayub Naz (2006)1 SCC 589 = (2006 (2) RLW 1084 (SC) the Apex Court observed that in determining the quantum, role of administrative authority is primary and that of court is secondary, confined to see if discretion exercised by the administrative authority caused excessive infringement of rights.