J S CHOUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged the issuance of the charge-sheet dated 18.11.1991, the order dated 31.05.1993 and the order of the Governor dated 17.02.1994 resulting in imposition of penalty of withholding of one grade increment without cumulative effect.

(2.) The petitioner was appointed as Field Assistant on 10.12.1973 in the erstwhile Agriculture Department. Later on, his services were transferred to Agriculture Marketing Department and he was selected as Agriculture Extension Officer in 1977 through RPSC and at present the petitioner is working as Jr. Marketing Officer. The petitioner while he was posted as Additional Secretary, Krishi Upaj Mandi Samiti, Sumerpur, a charge-sheet along with memorandum of statement of allegations was served on him on 18.11.1991 for the alleged incident pertaining to the year 1980-81 while he was posted as Secretary, Krishi Upaj Mandi Samiti, Deedwana with allegation of loss of Rs. 198/- caused to the Samiti for purchase of tube-light rodes and he withdrew a sum of Rs. 250/- from the account of Rakesh Kumar, LDC without any authority of law.

(3.) The petitioner submitted reply on 06.12.1991 and thereafter without taking into consideration his reply, the order dated 31.05.1993 (Annexure-3) imposing punishment of stoppage of two grade increments without cumulative effect was passed, against which an appeal was filed before the Governor and by the order of the Governor dated 17.02.1994 (Annexure-5), the punishment of stoppage of one grade increment without cumulative effect was substituted. The order dated 31.05.1993 was passed without holding any enquiry, without adopting any procedure for conducting enquiry and without giving opportunity of hearing to the petitioner. The order dated 17.02.1994 was also passed without giving any opportunity of hearing to the petitioner, so, both the orders including charge-sheet may be quashed and may be declared null and void and the respondents may be directed to release annual grade increment which have been withheld on account of punishment order dated 17.02.1994.