SUSHIL KUMAR JAIN S/O LATE SHRI POONAM CHAND JAIN, AGED 50 YEARS, R/O SHREEMALIO KA MOHALLA, NEAR JAIN DADA BARI, JHUNJHUNU AT PRESENT POSTED AS SPECIAL ADDITIONAL CHIEF JUDICIAL MAGISTRATE PCPNDT ACT CASES) BIKANER Vs. RAJASTHAN HIGH COURT JODHPUR THROUGH REGISTRAR GENERAL, JODHPUR

JUDGEMENT

(1.) Validity of order dated 21.04.2011 and departmental enquiry report communicated vide letter dated 24.12.2010 has been questioned by this petition.

(2.) The factual aspect of the matter reveals that the court of the petitioner, while he was posted as Additional Civil Judge (SD) cum ACJM No.1 , Jaipur City, Jaipur, having additional charge of the Court of Additional Chief Judicial Magistrate, Communal Riots, Jaipur City, Jaipur, was inspected by Registrar (Vigilance) on 207.2005 at 11.30 a.m. and on same day subsequently at 3.30 p.m., the petitioner was not found on the Dais, the explanation sought was found to be unsatisfactory and the same misdemeanor was in violation of Rule 8 of the General Rules (Civil), 1986, so he was subjected to an action under Rule 17 of the Rajasthan Civil Services (Classification, Control and Appeals) Rules, 1958 (for short, 'the CCA Rules, 1958') and inquiry officer, after elaborate inquiry, found and held him guilty as being indolent in his work, exonerating him from the other charge of claiming wrong credit. As such, allegation No.1 which reads as under:-

(3.) An anonymous complaint was received in the office of Registrar (Vigilance) that you are not punctual, sit late in the Court and do not work. To verify the allegations made in the complaint, the Court and office of yours were visited by Registrar (Vigilance) on 22.076.2005 at 11.30 A.M.