BHORI LAL MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner in the instant petition has challenged the order dt. 25th July, 2014, passed by the Disciplinary Authority imposing minor penalty of stoppage of two annual grade increments without cumulative effect. The Appeal and the Review Petition filed by the petitioner, have also been dismissed vide order dt. 26 th April, 2016 and 11th April, 2017, respectively by the Appellate Authority and the Reviewing Authority.

(2.) Counsel for the petitioner submitted that the petitioner was issued a charge-sheet, wherein allegation was leveled against the petitioner that while working as Excise Inspector, Circle Akhlera, District Jahalawar, he had registered only 4 cases under Section 1654 of the Excise Act and only 15 cases under Section 58 (C) of the Rajasthan Excise Act and the charge of not filing the challan in those cases in the Competent Court, was also leveled against the petitioner. The Disciplinary Authority found that due to said act of the petitioner, there was a loss of revenue.

(3.) Counsel for the petitioner-Mr. Najeeb A Khan submitted that non-registration of the case or not achieving the target of particular number of cases, cannot be termed as 'misconduct' and for the same, petitioner cannot be punished.