NAND LAL SAINI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY way of filing the present writ petition, the petitioner has challenged the validity of order dated 26. 7. 2003 (Annexure-6) passed by Inspector General of Police whereby the order dated 4. 12. 2002 (Annexure-5) passed by the same authority in appeal filed by the petitioner was set aside.

(2.) ACCORDING to the facts of the case, the petitioner who was working as ASI under the control of respondent No. 3, was served with charge-sheet dated 19. 9. 2001 under Rule 16 of the Rajasthan Civil Service (Classification, Control & Appeal) Rules, 1958 (for short, "the Act of 1958" only ). After receiving the said charge- sheet, a detailed reply was filed by the petitioner within the stipulated time and without considering the reply filed by the petitioner, it is alleged that in a slip-shot manner, a mechanical order was passed without application of mind whereby a penalty of withholding of one grade increment with cumulative effect coupled with the forfeiture of the salary of one hundred four days on the principle of 'no work no pay' was passed while sanctioning the leave without payment. The said penalty order was passed against the petitioner by the respondent No. 3 on 6. 7. 2002.

(3.) LEARNED counsel for the petitioner vehemently argued that once in appeal filed by the petitioner, the respondent No. 2 after considering the submissions as well as the grounds set aside the order of penalty then the respondent No. 2 has committed an error while quashing the said order passed in appeal by itself vide impugned order dated 26. 7. 2003 because there was no jurisdiction left with the same authority to set aside the order.