- (1.) Heard learned counsel for the parties.
(2.) By this second appeal, the defendant-appellants have challenged the judgment and decree dated 18th August, 2012 passed by Additional District Judge (Fast Track) No.3, Jaipur Metropolitan, Jaipur in Civil Regular Appeal No.28/2007 dismissing the appeal filed by them against the judgment and decree dated 13th August, 2007 passed by Addl. Civil Judge (Senior Division) Jaipur Metropolitan, Jaipur in Civil Suit No.184/2005 whereby the civil suit of the plaintiff-respondent has been decreed against the defendant appellants holding therein that the defendant-appellants had no right to issue charge sheet in the facts and circumstances of the present case and to impose punishment on the plaintiff respondent and the punishment order dated 29th December, 1995 imposing penalty of stoppage of two annual grade increments with cumulative effect has wrongly been passed and further the plaintiff respondent is entitled for the benefit of two annual grade increments again as well as promotion.
(3.) Briefly, stated the facts of the case are that the plaintiff respondent was served with a charge sheet dated 3rd May, 1991 levelling allegations that while working as Assistant Colonisation Commissioner, Chhatargarh (Bikaner) he, in an unauthorised and illegal manner, has restored land allotment order in favour of Ganesha Ram which has resulted in giving undue advantage to Ganesha Ram. After departmental inquiry under Rule 16 of the Rajasthan Civil Service (CC& A) Rules, 1958 (in short 'the Rules of 1958'), the disciplinary authority passed the punishment order dated 29th December, 1995 imposing the penalty of stoppage of two annual grade increments with cumulative effect against which a Review Petition was filed which was also dismissed on 27th May, 2000. In the aforesaid circumstances, the plaintiff filed a civil suit for declaration to the effect that the punishment order dated 29th December, 1995 whereby he was punished with stoppage of two grade increments with cumulative effect pursuant to the charge sheet dated 3rd May, 1991 under Rule 16 of the Rules of 1958 be declared as illegal and invalid with the further averments that while working as Assistant Commissioner Colonisation, Chattargarh (Bikaner) Camp, he passed an order on the application of agriculturist Ganesha Ram for restoration of allotment of his land as per the general procedure after calling a report from the Patwari Halka Kotiband and Tehsil Revenue Accountant who have recommended for restoration and on the basis of their recommendation and considering the fact that Ganesha Ram was having permanent allotment and was in possession of the land, therefore, imposing penalty of Rs.200/-, the restoration order dated 18th September,1989 of allotment of land was passed. It was also pleaded that the said action of the plaintiff was bonafide action and there was neither any ill-will on the part of the plaintiff nor any undue advantage was taken by him. The plaintiff then pleaded that no loss was caused to the State Government, therefore, the punishment order dated 29th December, 1995 be declared illegal and contrary to the Rules.;