- (1.) This appeal is directed against the order of the learned Single Judge dated 5.1.1999 in S.B. Civil Writ Petition No. 4143/1997.
(2.) The brief facts giving rise to the appeal are as follows : The respondent was serving as Constable with the police department. He absented himself from duty on 9.9.1989 without any application for grant of leave. It was only after more than one year i.e. on 13.12.1990 that he appeared in the office of the appellants The disciplinary authority initiated disciplinary proceedings u/R. of the Rajasthan Civil Services (Classification, Control and Appeal) Rules 1958 against the respondent as he remained absent from duty for more than one year. On completion of the enquiry, the disciplinary authority on the basis of the material on record came to the conclusion that the charge against the respondent Constable was proved. As a consequence thereof the disciplinary authority passed an order dismissing the respondent from service. Aggrieved by the action of the appellant the respondent filed S.B. Civil Writ Petition No. 4143/1997. The learned Single Judge while agreeing with the disciplinary authority that the respondent had remained absent without leave and the charge was proved against him, the learned single Judge was of the view that the punishment imposed on the respondent was disproportionate to the gravity of the offence. The learned single Judge. therefore, modified the punishment and imposed upon the respondent the penalty of withholding of four increments. Aggrieved by the order passed by the learned Single Judge the appellant has filed the instant appeal. ,
(3.) It needs to be pointed out, even at the cost of repetition, that in so far as the question of enquiry. which was held against the respondent is concerned, the learned single Judge did not find any fault with it and declined to interfere with the decision of the disciplinary authority to the extent that the charge against the respondent had been proved in the disciplinary proceedings. Having held that, the learned single Judge altered the punishment, which was imposed on the respondent.;