M.B. Sharma, J. - (1.) The petitioner is an Ex-class IV servant, the process server in the court of District and Sessions Judge, Bundi. After holding a departmental enquiry under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeals) Rules, 1958 (for short the C.C.A. Rules), the Disciplinary Authority (District & Sessions Judge, Bundi) under order dated 21st May, 1980 imposed a penalty of removal from service with immediate effect. The said penalty was proposed in a show cause notice issued by the learned District and Sessions Judge, Bundi and after considering the representation filed by the petitioner.The learned District & Sessions Judge further observed that this will not be disqualification for future employment, of the petitioner. The petitioner filed an appeal against the aforesaid order to the High Court and the High Court in its order dated 7th January 1981, (Annex.H) dismissed the appeal.
(2.) The petitioner has challenged the aforesaid orders inter alia on the grounds (1) that there has been contravention of Rule 18 of the C.C.A. Rules in holding a common inquiry; (2) the appeal was disposed of by a non-speaking order; and (3) that the petitioner and Shri Bahadur Singh L.D.C. were almost similarly situated and a common inquiry was held against both of them but the disciplinary authority for the petitioner was District and Sessions Judge, Bundi and that of Bahadur Singh was District and Sessions Judge, Kota. Different penal,ties have been inflicted. In the case of petitioner a penalty from removal from service is imposed whereas only a penalty of censure has been imposed in the case of Bahadur Singh. The penalty imposed on the petitioner even otherwise is 1is-proportionate to the nature of the misconduct of the petitioner.
(3.) The petitioner joined his services as class IV servant in the office of the Additional District & Sessions Judge, Bundi on 17th March 1970. At that time there was no separate judge-ship in Bundi and that was in the Kota judge-ship and was having a court of Additional District & Sessions Judge. It was some time before the present incident took place that Bunch was made separate judge-ship. So far as staff of Bundi is concerned under the C.C.A. Rules, District & Sessions Judge, Bundi was the disciplinary authority whereas for the staff of Kota judge ship District and Sessions Judge, Kota was the disciplinary authority.;