MAHENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT petition has been filed assailing order Ann. 2 dt. 12th January, 2001 whereby petitioner after being held guilty in inquiry initiated U/r. 17 of Rules, 1958 punished with the penalty of stoppage of one annual grade increment without cumulative effect and salary other than subsistence allowance was also withheld by the disciplinary authority.

(2.) FOR the delinquency committed by him while he was in District Udaipur was placed under suspension on 7th September, 2000 on contemplation of inquiry. However, suspension order was revoked vide order dt. 17th October, 2000 and notice U/r. 17 of CCA Rules, 1958 was served upon the petitioner and after taking his reply into consideration, the authority held him guilty and punished with the penalty of stoppage of one annual grade increment without cumulative effect vide order ann. 2 dt. 12th January, 2001 copy of which as per reply filed by the respondents was served upon the petitioner on 30th January, 2001.

(3.) COUNSEL for petitioner submits that before passing of order inflicting penalty upon him ann. 2 dt. 12th January, 2001, he was transferred to district Jaipur and prior thereto he joined on 28th December, 2000. As such the authority inflicted penalty upon him cannot be considered to be disciplinary/ appointing authority under the Rules. As such the order itself is without jurisdiction and competence. He further submits that once inquiry itself has been initiated U/r 17 of the Rules, further penalty inflicted upon him of withholding salary other than subsistence allowance was wholly unwarranted and such discretion exercised by the authority in no manner can be said to be in consonance with R. 54 (3) of the Rajasthan Service Rules. Respondents have filed reply to the writ petition wherein it has been averred that so far as order inflicting penalty was duly served upon him on 30th January, 2001 and it was appealable order under R. 23 of the Rules, 1958 and without availing remedy of appeal, petitioner approached this court after more than 5 yrs. of penalty being inflicted upon him.