BUDDHIRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner who was working as Class-IV employee at the time of filing of the writ petition, has challenged the penalty order dt.25.10.1997 and order of the Appellate Authority dt.29.07.1998.

(2.) The petitioner while working as Class-IV employee in the year 1996, at check-post Daba-Deh (Jhalawar), was served with a charge-sheet under Rule 16 of the CCA Rules, 1958 on 11.01.1996. It was alleged therein that the petitioner on 14.08.1995 collected sales tax from vehicle No.RRR 168 but he did not issue the receipt. The petitioner is alleged to have used the earlier receipt and marked entry on the old receipt and permitted the vehicle to go through the check-post. The allegation was of retaining amount collected against the sales tax and the petitioner by indulging in such act showed total insubordination, irregularity and committed a serious misconduct.

(3.) The Disciplinary Authority i.e. Deputy Commissioner (Administration) Sale Tax Department, Kota on the same day i.e. on 11.01.1996 appointed the enquiry officer and further appointed presenting officer by a common order.