SHANKARLAL BALAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner, a member of Rajasthan tehsildar Service, was served with a memorandum under rule 17 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 with an allegation that while working as Additional Tehsildar bidasar he made attachment in respect of land covered by khasra No. 309 measuring one bigha which was in unauthorised occupation of one Mohd. Hussain and made auction of the attached stones weighing 1920 ton with consideration of Rs. 700/- only. As such, an indirect advantage was provided that resulted into loss to state treasury. The petitioner by submitting an explanation dated 29. 8. 2001 denied the allegations and the disciplinary authority accepted the same by giving a specific finding that the delinquent cannot be held guilty for erroneous determination of weight of the attached stones as 1920 tone, however, at the same time it was also held that the petitioner is guilty for making auction in contravention of the procedure prescribed under the Land Revenue Act, a minor penalty of censure, therefore, was imposed upon him. An appeal giving challenge to the order imposing penalty dated 23. 10. 2002 also came to be rejected by the appellate authority vide order dated 5. 7. 2003 and a review petition giving challenge to the orders aforesaid was rejected by the Governor under order dated 28. 11. 2005.

(2.) ON basis of the penalty imposed under the order dated 23. 10. 2002 the respondents denied consideration for promotion to the petitioner for junior scale of rajasthan Administrative Service. By this petition for writ the petitioner is challenging the order imposing penalty, thats confirmation by the appellate authority as well as by the reviewing authority and also the denial for promotion on the count of penalty in question.

(3.) THE contentions of counsel for the petitioner are that:-