JAGJIWAN CHAND BHANDARI Vs. REGISTRAR RAJASTHAN HIGH COURT

JUDGEMENT

(1.) THE petitioner by this writ petition has challenged the order of the Additional Registrar, Rajasthan High Court, Bench, Jaipur dated 5. 2. 1985 (Annex. 1) whereby he was given a 'recorded warning' to be care-ful in future and he has also challenged the order of the Chief Justice whereby his appeal was rejected.

(2.) THE brief facts giving rise to this writ petition are that the petitioner was posted as Senior Bench Reader at Jaipur Bench. On 17. 11. 1984 at 3. 30 P. M when the Additional Registrar went for the round he found that the petitioner was not on his seat, therefore on 19. 11. 1984 a memo was issued to the petitioner to' explain within 3 days that why he was not available at that time on his seat. THE petitioner received this memo on 30. 11. 1984, but he did not submit any reply. After that under Rule 17 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as 'the Rules of 1958') read with Rule 13 of the Rajasthan High Court (Conditions of Services of Staff) Rules, 1953 (hereinafter called the Rules of 1953) was issued to the petitioner on 19. 12. 1934 with the direction to submit his explanation within 10 days from the date of receipt of the memo. THE petitioner submitted his explanation on 2. 1. 1985. THE Additional Registrar after going through the explanation submitted by the petitioner did not find it satisfactory and it was observed that the petitioner has not been able to point out that in what matter he went to cause list section for service work. So he gave a recorded warning to be careful in future. THE petitioner appears to have filed an appeal which was rejected vide order dated 7. 1. 1987 (Annex. 3 ). Hence the present writ petition.

(3.) BY virtue of Rule 13, the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 have been adopted mutatis mutandis. Rule 12 at the out-set Jays down that the penalties shall be imposed by the Chief Justice for good and sufficient reasons. It further lays down that such penalties can be imposed by the Registrar also for good and sufficient reasons. It has also been laid down that the Chief Justice can issue a special order. The expression 'subject to any special order of the Chief Justice' empowers the Chief Justice that apart from imposing the penalties by himself and by the Registrar he can by special order authorise any other Officer also to impose the penalties. In this connection, learned counsel for the respondents has invited our attention to. an order passed by the Chief Justice way back on 11. 1. 1982 whereby the Additional Registrar, Rajasthan High Court Bench. Jaipur has been authorised to exercise the powers under Rule 17 of the Rules, 1958 in respect of the staff working at the High Court Bench, Jaipur. The order reads as under: - "rajasthan HIGH COURT, JODHPUR ORDER No. 1/s0. / Dated: 11. 1. 1982. The Additional Registrar, Rajasthan High Court Bench, Jaipur is also authorised to exercise the powers vested in the Registrar of this Court under Rule 17 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, in respect of Staff working at High Court, Bench Jaipur CHIEF JUSTICE" Rule 17 of the Rules of 1958 reads as under: - "17. Procedure for imposing minor penalties.- (1) No order imposing any of the penalties specified in clause (i) to (iii) of rule 14 shall be passed except after - (a) The Government servant is informed in writing of the proposal to take action against him and of the allegations on which it is proposed to be taken and given an opportunity to make any representation he may wish to make; (b) Such representation, if any, is taken into consideration by the Disciplinary Authority; (c) an opportunity of personal hearing is given by the Disciplinary Authority to the. Government servant to explain his case, if so desired by him, (d) the Commission is consulted in cases where such consultation is necessary. (2) The Record of proceedings in such cases shall include - i. a copy of the" intimation to the Government servant of the proposal to take action against him ; ii. a copy of the statement of allegations communicated to him ; iii. his representation, if any. iv. the advice of the Commission, if any; and v. the orders on the case together with the reasons therefor. "