- (1.) THE petitioner was subjected to a disciplinary action as per the Rule 17 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 under a memorandum dated 07.12.2011 issued by the Director, Secondary Education, Rajasthan, Bikaner for an allegation that in the educational session 2004-2005, when he was posted as Principal, Government Secondary School, Rohida (Banswara), the result of the school remained 18.60%, that is less than the norms settled by the Department of Education, as such, the petitioner failed to discharge his administrative duty effectively.
(2.) AN explanation was submitted by the petitioner with assertion that he made his best efforts to avail good result, but due to certain unavoidable circumstances, the same did not came as per expectations. The disciplinary authority, thereafter, under an order dated 22.05.2012 imposed a penalty of censure upon the petitioner. A challenge given to that by way of filing an appeal came to be rejected under an order dated 31.12.2012. While challenging the order passed by the appellate authority as well as the disciplinary authority, it is submitted by learned counsel for the petitioner that as per the law laid down by this court in the cases of Ashok Kumar Kulhari Vs. State of Rajasthan & Ors. reported in 2009 WLC (Raj.) UC 53 and Hari Kishan Sharma Vs. The State of Rajasthan & Anr. reported in 2013 (2) WLN 175 (Raj.) , no disciplinary action could have been taken against the petitioner merely on the ground that the result of the school had been reduce.
(3.) PER contra as per the respondents the petitioner was penalized with minimum penalty of censure and that too after considering the fact that the result of the Secondary School Examination came down than the standard prescribed by the Department of Education. It is pointed out that in the year subsequent, the result came to be increased upto 90% and this fact is sufficient enough to establish that if the petitioner would have put adequate efforts, the result of the school would have not gone down.;