ACHAL SINGH PARMAR Vs. STATE

JUDGEMENT

(1.) INSTANT petition has been filed assailing order dt.06/12/94 (Ann.14) inflicting stoppage of one annual grade increment without cumulative effect upon petitioner after holding disciplinary inquiry Under Rule 16 of Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 ("CCA Rules") and the order dt. 31/07/95 (Ann. 16) dismissing his appeal.

(2.) PETITIONER while working as Assistant Sadar Kanoongo in the Collectorate, Dholpur was served with memo alongwith charge sheet dt. 26/09/1992 (Ann. 7 to 9) imputing three charges. Finally, despite inquiry officer having not found either of charges proved against him, disciplinary authority held him guilty for charge No. 1 and inflicted penalty of stoppage of one annual grade increment without cumulative effect vide order dt. 06/12/1992 (Ann. 14).

(3.) MAIN thrust of petitioner's counsel is that in the absence of Note of disagreement being served, which is the requirement under CCA Rules, the very order inflicting impugned penalty is arbitrary and violative of principles of natural justice; and deserves to be quashed & set aside. In support, Counsel has placed reliance upon judgment of this Court in Hari Narain Goyal v. State Ware Housing Corpn., 1983 RLR 520 and so also of Apex Court in Punjab National Bank v. Kunj Behari Misra : 1998(5) JT (SC) 548.