LAXMI NARAIN Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) The petitioner - a Member of the Rajasthan Agriculture Service was subjected to an enquiry as per provisions of Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 for the allegation that in the year 1987-88 while he was working as Secretary, Krishi Upaj Mandi Samiti, Beawar allotted shops/godowns in violation of the instructions prescribed by the State Government and Directorate of Agriculture Marketing. By submitting an explanation, the petitioner asserted that the shops/godowns were allotted by him temporarily after getting approval from Administrator of the Krishi Upaj Mandi Samiti and that too in interest of the Krishi Upaj Mandi Samiti. Being dissatisfied with the explanation given by the petitioner, the disciplinary authority under an order dated 16.05.1995 appointed the Additional Commissioner (I), Departmental Enquiries (Jaipur) as the Enquiry Officer to make necessary probe. The Enquiry Officer after recording evidence submitted its report to the disciplinary authority on 30.12.1995. Under the report aforesaid, though the petitioner was found guilty for allotment of shops/godowns temporarily in contravention of Circulars issued by the Directorate of Agriculture Marketing, however, the Enquiry Officer found that the shops/godowns were allotted after getting necessary approval of the Administrator and such allotment was in interest of the Krishi Upaj Mandi Samiti and the Krishi Upaj Mandi Samiti had substantial income because of the allotment of shops/godowns in question. The Enquiry Officer also found that the allotment of shops and godowns, protected the shops and godowns from their decay as those were lying vacant from years together. The petitioner was found guilty for the allegation of mis-conduct purely on the count that no temporary allotment of shops/godowns would have been made as per the instructions issued by the Directorate of Agriculture Marketing. The disciplinary authority under the order dated 12.08.1996, while accepting findings of the Enquiry Officer, imposed a penalty upon the petitioner i.e. of reduction by two steps in running pay scale. Being aggrieved by the same, this petition for writ is preferred.

(2.) The contention of the learned counsel for the petitioner, while giving challenge to the order passed by the disciplinary authority and also the finding given by the Enquiry officer, is that the act of the petitioner cannot be treated as a mis-conduct though that may be an error. As per learned counsel for the petitioner, the Enquiry Officer in an unambiguous term found that the allotment of shops/godowns was made by the petitioner after getting approval from the Administrator and by allotment in question, the Krishi Upaj Mandi Samiti earned a sum of about Rs.3 Lacs. As per learned counsel for the petitioner, whatever action taken by the petitioner was in interest of the Krishi Upaj Mandi Samiti and to protect shops/godowns from being got damaged, as those were lying vacant from last number of years. It is asserted that there was no allegation against the petitioner regarding mis-use of his authority by making temporary allotment of shops and godowns. It is also pointed out by learned counsel for the petitioner that even prior to tenure of the petitioner, the earlier Secretary of the Krishi Upaj Mandi Samiti also made temporary allotments, but he was not subjected to any enquiry.

(3.) In reply to the writ petition, while defending the order passed by the disciplinary authority, it is stated on behalf of the respondents that the petitioner contravened certain instructions given by the Directorate of Agriculture Marketing, therefore, mis-conduct on his part is self-speaking. The Enquiry Officer after affording adequate opportunity, held the petitioner guilty for the proved allegation of mis-conduct and accordingly the disciplinary authority imposed a penalty as per provisions of Rule 14 of the Rules of 1958. No interference of this Court by invoking its extraordinary jurisdiction in the instant matter, therefore, is required.