MOOL CHAND SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) As agreed by both the counsels, the present writ petition is being decided finally at this stage.

(2.) Petitioner has assailed the departmental proceedings initiated against him and the punishment order dated 30/09/2014 whereby 10% pension of the petitioner has been stopped for one year by the disciplinary authority under Rule 16 of the CCA Rules, 1958. He has also challenged the appellate order dated 16/02/2015 whereby the appeal was rejected.

(3.) The facts, which need to be noted, are that the petitioner was one of the witnesses in a case registered by the Anti Corruption Bureau Authorities against one Ram Das Khatana under Sec. 7, 13(1)(d)(2) of the Anti Corruption Act, 1988. At the instance of the ACB Authorities, challan was filed and trial was initiated against the said accused wherein the petitioner was called to appear as a witness. The petitioner was declared hostile and on having been declared hostile, the ACB Authorities issued a letter dated 03/05/2011 to the Addl. Commissioner, Commercial Taxes to initiate departmental enquiry against the petitioner and one Om Prakash Kumawat as both of them had not accepted the statement made by them under Sec. 161 Crimial P.C., 1973 before the ACB Authorities and it was stated in the letter that the Special Judge, ACB Court has directed to initiate departmental enquiry against them. The letter dated 03/05/2011 has been placed on record.