RAJESH KUMAR PANDIYA Vs. DISTRICT AND SESSIONS JUDGE, BHILWARA AND ORS.
LAWS(RAJ)-2015-9-153
HIGH COURT OF RAJASTHAN
Decided on September 16,2015

Rajesh Kumar Pandiya Appellant
VERSUS
District And Sessions Judge, Bhilwara And Ors. Respondents

JUDGEMENT

Arun Bhansali, J. - (1.) This writ petition has been filed by the petitioner aggrieved against enquiry report dt. 27.08.2010 (Annexure -2) holding the petitioner guilty of charges, order dt. 07.02.2011 (Annexure -1) passed by the disciplinary authority imposing punishment of withholding of one annual grade increment with future effect and order dt. 21.12.2012 (Annexure -3) passed by the Appellate Authority upholding the order of punishment. The petitioner was posted as Lower Division Clerk (LDC) in the Court of Civil Judge (Junior Division) and Judicial Magistrate, Kotadi, District Bhilwara and was having additional charge of Najarat Branch during the period 19.10.2005 to 05.12.2007; a charge -sheet (Annexure -5) dt. 07.12.2007 was issued to him by the Disciplinary Authority under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 ('the Rules') for not preparing the arrear bill of one Hanuman Sutrakar and for indiscipline and serious misconduct while talking with the Presiding Officer i.e. Additional District & Sessions Judge (Fast Track) No. 2, Bhilwara.
(2.) The petitioner contested the charges.
(3.) The enquiry officer vide his enquiring report dt. 27.08.2010 came to the conclusion that both the charges were proved against the petitioner -Delinquent Officer; whereafter, the Disciplinary Authority i.e. District & Sessions Judge, Bhilwara by his order dt. 07.02.2012 after giving an opportunity of hearing to the petitioner, ordered for imposition of punishment of stoppage of one grade increment with cumulative effect vide Annexure -1.;


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