PARAS RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE grievance of the petitioner, (1) regarding increments with effect from 1978, (2) fixation with effect from 1976 and, (3) salary paid from 1st December 1976 to December 1981, do not survive any more. Hence, this Court has to decide the only question regarding the order of penalty Anx. P/5 and the appellate order Anx. P/7.

(2.) THIS is a unique case of harassment to the employee. The petitioner, who was Assistant Inspector, was served with a show cause notice to show cause as to why he may not be dismissed from service on the ground of remaining absent by producing false Medical Certificates. He was exonerated by the Enquiry Officer. However, the Disciplinary Authority did not agree with the Enquiry Officer, therefore, denovo enquiry was ordered. Inspite of that, the Enquiry Report submitted by he Enquiry Officer Once again exonerated the petitioner from the charges levelled against him. once again the Disciplinary Authority did not agree with the finding of the Enquiry Officer and issued the notice to the petitioner to show cause as to why he should not be punished as he did not agree with the finding recorded by the Enquiry Officer.

(3.) ACCORDINGLY , this petition is allowed and the impugned orders at Anx. P/5 and Anx. P/7 are set aside. Once the impugned orders are set aside, the petitioner would be entitled for all consequential benefits in the service.