H.R. Panwar, J. - (1.) BY the instant writ petition under Article 226 and 227 of the Constitution of India, the petitioner seeks quashing of order Annex.4 dt. 16.03.2005 passed by the respondent No. 3 District Collector, Jodhpur whereby a penalty of stoppage of one annual grade increment without cumulative effect was imposed on the petitioner.
(2.) I have heard learned Counsel for the parties. The facts and circumstances giving rise to the instant writ petition are that the petitioner was served with a notice initiating proceeding under Section 17 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short the CCA Rules hereinafter). Vide order Annex.4 dt. 16.03.2005, the District Collector, Jodhpur found the charge proved against the petitioner and imposed the penalty of stoppage of one annual grade increment without cumulative effect. From the order impugned Annex.4, it appears that there was a campaign "Prashasan Aapke Dwar" and the State Government orgnised various camps in the villages with all administrative authorities of the District including the medical authorities. It is alleged that the petitioner failed to remain present on 25.12.2004 in the camp organized by the State Government. The petitioner came with a case that she was on sick leave from 14.12.2004 onwards and therefore, she was on medical leave as she was suffering from backache with high blood pressure and was undergoing treatment. It has further been contended that the respondent No. 3 District Collector is not the appointing authority and therefore, the penalty imposed vide order Annex.4 by the District Collector is without jurisdiction.
(3.) A reply to the writ petition has ben filed by the respondents.;