Anupinder Singh Grewal, J. - (1.) - The petitioner, who is a member of Rajasthan Administrative Service, was posted as Development Officer at Panchayat Samiti, Laxmangarh, District Alwar from 02.11.1989 till 11.05.1990. He was charge-sheeted on 26.02.1997 (Annx.3). The charges included that he did not convene eye-camp even though Rs. 10,000/- had been sanctioned for that purpose, he did not participate in most of Cattle camps, he did not forward proposals for providing residential accommodation to people of Bikhri tribe, did not send requisition for training tool kits under Trisem project and for training of youth under Trisem project from year 1985-86 to 1988-89, he did not participate in the monthly meetings and he had relieved a Junior Engineer, posted at the Panchayat Samiti for posting at another station without assigning any reason.
(2.) After considering his reply and following the procedure laid down in the Rules, the petitioner was imposed a punishment of withholding 3 increments without cumulative effect vide order dated 02nd June 1998 (Annx.2) which is impugned in the instant petition.
(3.) Learned counsel for the petitioner has contended that even though the incidents for which the petitioner was charged pertain to period from 02.11.1989 to 11.05.1990, the charge-sheet was issued only in the year 1997. Therefore, the delay of over 6 years has seriously prejudiced the petitioner and the entire disciplinary proceedings are liable to be quashed. He further submitted that even these charges are not of serious nature and there is no charge which pertains to either corruption or misappropriation of any Government money and hence, the punitive order could not have been passed. In support of his submissions he has cited judgments of Hon'ble Supreme Court in the cases of The State of Madhya Pradesh v. Bani Singh and another-AIR 1990 SC 1308 , State of A.P. v. N. Radhakishan - (1998) 4 SCC 154 , P.V. Mahadevan v. M.D., Tamil Nadu Housing Board- 2005 (5) Supreme 611 and M.V. Bijlani v. Union of India & others (2006) 5 SCC 88 .;