- (1.) BY the order dated 3.9.2008 the Commercial Taxes Officer, Jodhpur imposed a penalty upon the petitioner as a consequent to the disciplinary action taken as per Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as 'the Rules of 1958'). Being aggrieved by the same, an appeal was preferred before the appellate authority but the appellate authority under an order dated 10.9.2009 instead of deciding the appeal directed the disciplinary authority to get certain facts verified and pass an order reviewing the order of penalty. The disciplinary authority under a letter dated 25.9.2009 sought instructions from the appellate authority as to whether he is required to go for enquiry afresh or he is required to submit only factual report.
(2.) THE Deputy Secretary to the Government of Rajasthan, Department of Finance (Taxes) under a letter dated 30.10.2009 conveyed to the disciplinary authority to pass a review order relating to disciplinary action already taken. No order as desired was passed by the disciplinary authority, therefore, the appellate authority again instructed him to pass an order of review. It is submitted by learned counsel for petitioner that as a matter of fact the appellate authority would have exercised powers under Rule 23 of the Rules of 1958 and would have set aside, modified, reduced or maintained the punishment but in no case he would have directed the disciplinary authority to pass review order keeping the appeal pending.
(3.) THIS Court by the order dated 4.12.2012 directed Shri V.K. Mathur, learned Standing Counsel for the respondent- Department to avail instructions from the competent authority. In turn, it is submitted by learned counsel for the respondents after availing necessary instructions that the appellate authority has examined the entire matter and the appeal preferred by the petitioner shall be disposed of expeditiously at its own merits on or before 01.2.2013 without any insistence for review of the order passed by the disciplinary authority.;