G.S. RAJAWAT Vs. RAJASTHAN FINANCIAL CORPORATION AND OTHERS
LAWS(RAJ)-1992-10-39
HIGH COURT OF RAJASTHAN
Decided on October 22,1992

G.S. Rajawat Appellant
VERSUS
Rajasthan Financial Corporation And Others Respondents

JUDGEMENT

G.S. Singhvi, J. - (1.) In this writ petition the petitioner has prayed for quashing of the orders dated, 19/21.11.87, 17.5.88 and 17.1.89 which relate to the imposition of punishment of stoppage of one grade increment without cumulative effect, dismissal of his appeal and review petition respectively. He has prayed for release of his annual grade increment, which has been with-held in pursuance of the order dated, 19/21.11.87. The petitioner has also prayed for quashing of the order dated, 12.10.90 to the extent it relates to the promotion of respondent No. 2 to the post of Dy. Manager in the service of the Rajasthan Financial Corporation (For short the Corporation). He has also prayed for quashing of the order dated, 5.7.91 and for issue of a direction to the respondent Corporation to consider his case for promotion to the post of Deputy Manager against the promotion quota of 1990-1991 and for his promotion with retrospective effect alongwith all consequential benefits.
(2.) The facts which are necessary for deciding the writ petition need a brief naration. The petitioner joined service of the respondent corporation as Clerk in pursuance of his appointment on that post by an order dated, 12.4.74 issued by the Secretary of the Respondent Corporation. He was promoted as Assistant on 10.9.79 and then as Senior Assistant by an order dated, 1.12.82. He was promoted as Assistant Manager by an order dated, 3.6.83, which was issued on the recommendations of the Departmental Promotion Committee. In the seniority list of the Assistant Managers issued by the Corporation on 8.8.90 the name of the petitioner appears at serial No. 36.
(3.) A Memorandum dated, 23.6.86 was issued by the Managing Director of the respondent Corporation under Regulation- 37 of the Rajasthan Financial Corporation (Staff) Regulations, 1958 (hereinafter to be referred to as 1958 Regulations) and an enquiry was initiated against the petitioner in respect of three charges enumerated in the charge-sheet and the statement of allegations which formed part of the Memorandum dated 23.6.80. The petitioner submitted an application dated, 27.6.86 and made a request for grant of permission to inspect the record for the purpose of submitting his reply. The inspection of some records was allowed by the respondent Corporation. By his application dated, 3.7.86 the petitioner again made a request for grant of permission for inspection of the remaining record. He repeated his requests to the Managing Director of the respondent Corporation vide hid letter dated, 10.7.86. According to the petitioner, although he was not allowed inspection of the remaining record, he was directed by the Managing Director (P and A) vide fetter dated, 29.7.86 that he must submit his reply. The petitioner then submitted h4eply dated, 11.8.86 and while denying the charges he produced some documents in support of his reply. An enquiry was held against the petitioner. On the basis of this enquiry, the Managing Director of the respondent Corporation passed order dated, 19/21.11.87 and imposed the penalty of stoppage of one annual grade increment without cumulative effect on the petitioner.;


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