Shiv Kumar Sharma, J. - (1.) CORE question that arises for consideration in the instant appeal is: Can the High Court while exercising the power of judicial review, interfere with the order of punishment and alter the penalty imposed by Disciplinary and Appellate Authorities?
(2.) APPELLANT R.C. Pareek (since dead and represented by legal representatives) was served with a memo of charge sheet on 13.09.1997. The Enquiry Officer found the appellant guilty of all the charges and submitted his report on 11.11.1991. The Managing Committee of the Indian Red Cross Society, Rajasthan State Branch, Jaipur vide its resolution passed in the meeting held on 12.02.1992 constituted a Committee of four members to scrutinise the enquiry report and to recommend a suitable disciplinary action against the appellant. However, out of four members only two had taken decision to dispense with the services of appellant signed the report and the other two members did not agree with the decision and refused to sign on the report. The Disciplinary Authority, on the basis of report of two members dismissed the appellant from the services of Indian Red Cross Society vide order dt. 28.07.1992. The appellant assailed the said order by filing writ petition but learned Single Judge dismissed the writ petition on 31.01.1997. Against this order that the present action of filing the appeal has been resorted to by the appellant. Contextual facts depict that appellant, who was served with the charge sheet on 13.08.1991 underR.16 of the Rajasthan Civil Services (Classification, Control and Appeals) Rules, 1958. The following charges were levelled against him: Article I: That the said Shri R.C. Pareek while functioning as Dy. Secretary and AAO during the period 1983 failed to maintain absolute integrity and devotion to duty misusing his powers/seal and designation and committed misconduct in as much as that he without requisite permission of the Chairman of the Indian Red Cross Society, Rajasthan State Branch, Jaipur and other competent authority took a loan of Rs. 3,500/ - on 25.06.1983 from District Branch, Banner. Article II . That the said Shri R.C. Pareek during the year 1988 while functioning the aforesaid office he failed to maintain absolute integrity and devotion to duties, misusing his powers/seal and designation committed misconduct as much as that without requisite permission of the Chairman, Indian Red Cross Society, Rajasthan State Branch, Jaipur irregularly took advance of Rs. 2000/ - on 18.07.1988 from Indian Red Cross, Society, District Branch, Barmer and failed to submit tenders for adjustment of account inspite of instructions and neither intimated the Chairman in this regard. Article III: That the said Shri R.C. Pareek during the month of May, 1989 while functioning in the above said office failed to maintain absolute integrity and devotion to duty and committed misconduct in as much as he submitted a false TA Bill of Rs. 1274/ - in which included Rs. 350/ - for the expenses in arranging towards air ticket for journey performed on 26.05.1989 from Jaipur to Jodhpur whereas Air Ticket No. 761352 of Indian Airlines on which Shri R.C. Pareek travelled by flight No. IC 491 on 26.05.1989 was actually purchased from the funds of Indian Red Cross Society, Rajasthan State Branch, Jaipur.
(3.) THE Enquiry Officer proceeded to conduct enquiry against the appellant ex -parte. In the writ petition the appellant impleaded Chairman of Indian Red Cross Society in person and alleged malafides against him but the learned Single Judge in the impugned order observed that action of Indian Red Cross Society in terminating the services of appellant R.C. Pareek was not malafide. It was further held that the disciplinary inquiry initiated against him was within jurisdiction and the impugned order of termination did not violate the principles of natural justice.;