- (1.) In this writ petition the petitioner has challenged the order dated 24.10.89, issued by the Assistant Engineer (C) & M), R.S.E.B., Tonk and communication dated, 26.10.90 of the Executive Engineer, R.S.E.B., Tonk. By the order dated 24.10.89 a penalty of stoppage of four grade increments with cumulative effect has been imposed on the petitioner and recovery of a sum of Rs. 3288/- has been ordered from his salary. By the communication dated 26.10.90 the petitioner has been informed that his appeal against the order of punishment has been rejected.
(2.) The petitioner was prosecuted for an offence under Section 379 I.P.C. in the court of Munsif and Judicial Magistrate, Tonk. The charge levelled against the petitioner was that he had committed a theft of 800 meters wire, Pin-Insulator and Shakle Insulator in Tonk on 22.5.84. The learned Munsif and Judicial Magistrate held that the prosecution has failed to prove the guilt of the petitioner for the offence alleged against him. He therefore, aequitted the petitioner. He further directed that the seized wire be returned to the Executive Engineer, R.S.E.B., Tonk. The Judgment dated 21.12.88 of the learned Munsiff and Judicial Magistrate, Tonk, has become final, because, no appeal has been filed against the said judgment.
(3.) A charge-sheet dated 7.2.89 was, therefore, issued to the petitioner by the Assistant Engineer, R.S.E.B., Tonk. In this charge-sheet, the allegation levelled against the petitioner was that he had taken away 800 meters of copper wire which was given to him by one Abid, Helper, for depositing the same in the office and thus he has committed misappropriation of the wire.;