Gopal Krishan Vyas, J. - (1.) In the instant writ petition, the petitioner is challenging order dated 25.01.2002, Annex.-5 passed by respondent No.1 imposing punishment of withholding four annual grade increments with cumulative effect, so also, orders Annex.-7 dated 27.01.2003 and Annex.-9 dated 05.02.2005 passed by appellate authority and reviewing authority respectively upholding the order of punishment made against the petitioner.
(2.) As per facts of the case, the petitioner was initially appointed on the post of Junior Accountant on 21.10.1984. In the year 1990, the petitioner was transferred to the Public Health Engineering Department and deputed in the office of Assistant Engineer, PHED Sub Division Makrana (District Nagaur). In the year 1995, a charge-sheet under Rule 16 of the CCA Rules was served upon the petitioner and, according to the allegation, charge was framed against the petitioner, in which, it is alleged that during the period commencing from 12.01.1990 to 22.10.1994, when the petitioner was working in the office of Assistant Engineer, PHED Sub Division Makrana, he did not check the subsidiary cash book and cash book of the Sub Division, so also, challan deposited in the Bank and due to said negligence on the part of the petitioner the revenue recovery clerk committed embezzlement of Rs.8,76,532/-, therefore, a disciplinary inquiry was initiated against the petitioner for negligence in discharge of his duties and assisting other delinquent to commit embezzlement.
(3.) The petitioner filed reply and submitted that he verbally informed the higher authorities that concerned Assistant Engineer was not permitting him to discharge his duties. Further, it is pointed out that the fact of not allowing the petitioner to check the cash-book and other accounts was well within the knowledge of the higher authorities but the reply of the petitioner was ignored and, after holding inquiry under Rule 16, the petitioner has been penalized for supervisory negligence only.;