- (1.) ADMIT . Learned Dy. G.A. Sri B.K. Sharma waives service of notice of admission on behalf of respondents, therefore, service is complete.
(2.) CONSIDERING the fact that the matter is pending for admission since the year 1999, with the consent of both the learned advocates, this writ petition is taken up for final hearing today. By filing this writ petition, the petitioner has challenged the order passed by the Divisional Commissioner, Kota, dated 1 October 1999, which is Annexure II in the writ petition, which is placed on record along with Annexure 10 placed at page No. 77 of the compilation. By the aforesaid order, the Divisional Commissioner, Kota has set aside the order of penalty passed by the District Collector (Land Record), Sawai Madhopur and passed the order of dismissal of the petitioner from service.
(3.) AT the relevant time, the petitioner was serving as Patwari. While the petitioner was in service, he was subjected to departmental proceedings on the ground that he has committed irregularities by recording false entries in the revenue record with ulterior motive. An enquiry officer was appointed in this behalf and after conclusion of the enquiry, the disciplinary authority, i.e., the District Collector, Sawai Madhopur awarded penalty of withholding of two grade increments with cumulative effect and also forfeited the balance amount of suspension allowance for the period between 5 April 1988 to 25/29 September 1988. Aggrieved by the aforesaid penalty order, the petitioner preferred an appeal before the appellate authority, i.e., the Divisional Commissioner, Kota. The appellate authority, at the time of hearing the appeal, came to the conclusion that the penalty awarded by the disciplinary authority is not adequate and considering the facts and circumstances of the case, a major penalty of dismissal from service was required to be passed and he accordingly set aside the penalty order passed by the District Collector, Sawai Madhopur, and substituted the same by order of dismissal from service. It is the aforesaid order of the Divisional Commissioner, Kota, which is impugned in the present writ petition at the instance of the petitioner.;