RAJENDRA PRASAD SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has filed the present writ petition challenging the following orders: (i) the order dated 20 th July, 2009 whereby the review petition filed under Rule 34 of Rajasthan Civil Services (CCA) Rules, 1958 has been dismissed as having become time barred, (ii) the order dated 28th April, 2003 passed in review petition filed by the petitioner whereby the penalty of stoppage of three annual grade increments with cumulative effect was substituted with stoppage of one annual grade increment with cumulative effect, (iii) the order dated 29th July, 2002 passed by Disciplinary Authority-Department of Personnel whereby a penalty of stoppage of three annual grade increments with cumulative effect was imposed upon the petitioner.

(2.) The brief facts of the case are that petitioner while working as Sub-Divisional Officer (SDO) at Bandikui, District Dausa, came to be served with a memorandum along with charge-sheet issued under Rule 16 of Rajasthan Civil Services (CCA) Rules, 1958 (hereinafter referred to as "the CCA Rules"). The said charge- sheet was issued in respect of work performed by the petitioner in relation to a complaint submitted by one Shri Sita Ram son of Jagannath under Sections 107 and 116(3) of Cr.P.C. The charge- sheet is reproduced as hereunder:-

(3.) The petitioner after receipt of charge-sheet submitted his reply and denied the allegations levelled against him in the said charge-sheet. The Disciplinary Authority after receipt of charge- sheet appointed Enquiry Officer to conduct departmental enquiry against the petitioner. The Enquiry Officer submitted his report to the Disciplinary Authority on 30th January, 2002. The Enquiry Officer found that all the three charges levelled against the petitioner were not proved and as such, the petitioner was exonerated from the allegations levelled against him.