DINESH KUMAR VYAS Vs. CHAIRMAN, JVVNL AND ORS.
LAWS(RAJ)-2015-5-120
HIGH COURT OF RAJASTHAN
Decided on May 26,2015

Dinesh Kumar Vyas Appellant
VERSUS
Chairman, Jvvnl And Ors. Respondents

JUDGEMENT

Gopal Krishan Vyas, J. - (1.) HEARD learned counsel for the parties.
(2.) INSTANT writ petition has been filed by the petitioner for quashing the order dated 19.07.2000 (Annex. 7) and order dated 17.07.2000 whereby, the penalty of stoppage of one grade increment was imposed against the petitioner.
(3.) AS per facts of the fact, when petitioner was working as UDC (Checking clerk) in the year 1993 -94 in the office of Assistant Engineer (CSD) II, Jodhpur he was chargesheeted vide charge memo dated 28.05.1994 in which an allegation was leveled against him for committing serious irregularities in as much as for the charges of embezzlement, under Regulation 7 of Employees (Classification Control and Appeal) Regulations, 1962 and Conduct Regulations, 1976, however, after filing reply by the petitioner, chargesheet was converted from Regulation 7 to Regulation 6 of the Regulations of 1962 for imposing minor penalty. The petitioner was granted an opportunity to file additional reply again after converting the proceedings from Regulation 7 to Regulation 6. After considering reply filed by the petitioner, the order of punishment was passed by the then Rajasthan State Electricity Board vide order dated 19.07.2000. In this writ petition, petitioner has prayed that order impugned dated 19.07.2000 imposing penalty of stoppage one grade increment without cumulative effect, is totally contrary to law because the order of punishment has been passed in mechanical and arbitrary manner that too without application of mind, therefore, the order impugned is sustainable in law.;


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