MOHAMMED ALIM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The petitioner by way of this petition has assailed the order dated 29.8.1997, whereby, he has been punished with stoppage of one grade increment with cumulative effect and forfeiture of suspension period and the order dated 14.7.1998, whereby, the appeal was rejected.

(3.) Learned Counsel for the petitioner submits that the petitioner was holding the post of District Education Officer and was served with charge-sheet and was suspended on 22.3.1994 in continuation of departmental enquiry initiated against him. Learned Counsel submits that memo under Rule 16 CCA was issued to the petitioner vide memoradum dated 29.12.1994 levelling two charges against the petitioner. First charge therefore, against the petitioner was that while he was working as District Education Officer, Elementary Education, Ajmer in the Education Session 1993-94, he has issued transfer orders of Teachers irregularly while there was a ban on transfers by the State Government which was alleged during the ban period. He has transferred five Senior Teachers Grade-II and 17 Teachers Grade-III irregularly during the ban period and in this manner he was guilty of issuing irregular transfers as detailed by statement of allegation. The second charge levelled against the petitioner was that while he was working as District Education Officer, Elementary Education, Ajmer, he has been found guilty of not following orders passed by his Senior Officers and showing carelessness towards Government duties. In the statement of allegation levelled, the charge No. 1 was detailed out as to how transfers were made of five senior Teachers and 17 Teachers irregularly and during the ban period when there was a ban on transfers.